The Implementation Of International Criminal Law On Crimes Against Humanity And War Crimes In The Russian Federation

Crimes against humanity and war crimes are extremely serious violations under international law.The Allies Declaration of 1915 and Martens' s clause made a significant contribution to the emergence of the concepts of Crimes against Humanity and War crimes.For the first time Crimes against humanity and war crimes were defined in the Statute of the International Military Tribunal(Nuremberg Tribunal).Crimes against humanity and War crimes are included in the jurisdiction of the International Tribunal for Yugoslavia,the International Criminal Tribunal for Rwanda,the Extraordinary Chambers in the Courts of Cambodia.The Rome Statute of the International Criminal Court contains the definition of these crimes most fully reflecting international law.The Rome Statute of the International Criminal Court most fully defines the definitions of these crimes.The evolution of the concepts of Crimes Against Humanity and War Crimes is closely intertwined with both the expansion of specific types of acts falling into this category and their essential features.In 2014,the Foreign Policy Concept was approved by the President of the Russian Federation.This concept confirms the obligations of the Russian Federation to promote the codification and progressive development of international law,primarily under the auspices of the UN,and strictly observe international obligations under international arms control treaties,as well as take measures to build confidence in the military sphere,seeking the same from their partners.The purpose of this thesis is to study the norms of international law on “war crimes” and “crimes against humanity” and methods of modifying Russian criminal legislation with the subsequent implementation of the norms of international criminal law on “war crimes” and “crimes against humanity.” The thesis could be divided into two parts.The first two chapters are devoted to research methods,Sources of International Criminal Law and the historical development of International Criminal Law.This research paper examines the sources of international criminal law on “war crimes” and “crimes against humanity",as well as the history of international criminal law and the definitions of a “crime against humanity” and “war crimes” in international criminal law.The third and forth chapters are devoted to analysis of the opinions of Russian legal scholars,as well as solving the problems of the current criminal legislation of the Russian Federation by implementing the norms of international criminal law into the Russian Criminal Code.The standpoints of key Russian legal scholars on the issue of ratifying the Rome Statute and reforming the Russian criminal code in accordance with international criminal norms illustrates the current situation of criminal law in Russia.In the last chapter,the author expressed his opinion on the question of ratifying the Rome Statute and reforming the Russian criminal code in accordance with international criminal standards,and developed specific proposals for amending the Criminal Code of the Russian Federation in accordance with the norms of international criminal law.Chapter Five is the conclusion.The Russian Federation is a party to the Geneva Convention for the Amelioration of the Wounded and Sick in Armed Forces,the Geneva Convention for the Amelioration of the Wounded,Sick and Shipwrecked,the Geneva Convention on the Treatment of Prisoners of War,the Geneva Convention relative to the Protection of Civilian Persons in Time of War(all-August 12,1949);Additional Protocols I and II of June 8,1977 to the Geneva Conventions.These international documents and other international agreements of Russia impose obligations on the Russian Federation to criminalize a number of serious violations of international humanitarian law.The current norms of the Criminal Code of the Russian Federation do not contribute to the implementation of Russia's international obligations.The reason for the above is that the norms of the Criminal Code of the Russian Federation do not have a systemic nature.The “Special Part” of the Criminal Code of the Russian Federation does not criminalize serious violations of international humanitarian law.In particular,the too generalized wording of article 356 of the Criminal Code of the Russian Federation does not allow for a proper differentiation of criminal punishment.Russian criminal law does not criminalize crimes against humanity,war crimes arising from customary international law.Thus,there is an incomplete implementation by the Russian Federation of its international obligations to criminalize serious violations of international humanitarian law.The incomplete fulfillment by the Russian Federation of its international obligations has negative political and legal consequences(related to the image of Russia in the international arena).The incomplete fulfillment by the Russian Federation of its international obligations threatens the extension of the jurisdiction of the International Criminal Court to the Russian Federation on the basis of the Rome Statute of the Court,since Russia is obviously incapable of conducting an investigation or initiating criminal prosecution properly.The implementation of international criminal law will help eliminate shortcomings in the Russian criminal law,and will allow the Russian Federation to fulfill its international obligations to criminalize serious violations of international criminal law.Therefore,it is necessary to amend the criminal law of the Russian Federation.The results of the thesis can be used in further in-depth studies of the implementation of international legal norms in the criminal legislation of the Russian Federation,as well as the results of the study can be used in the preparation of Russian criminal legislation,in the development of textbooks,teaching aids,methodological and scientific literature.Considering international legal norms,as well as the judicial practice of bringing to justice persons responsible for committing war crimes and crimes against humanity,the practice of the Tokyo and Nuremberg Tribunals,the International Tribunals for the Former Yugoslavia and Rwanda,it can be concluded that crimes against humanity and war crimes constitute violations of international legal norms that entail personal criminal responsibility.Personal responsibility is opposed to the responsibility of the state,on behalf of which individuals act as government bodies,and are characterized by some critical features: a crime must violate international law and regulations,especially those aimed at protecting values that are considered important to the entire world community as a whole,the observance of which is mandatory for all states and individuals: the health and lives of citizens,the preservation of cultural,religious and other heritage of nations,etc.Violations must be serious,and their commission will have tragic irreversible consequences for the victim of a crime,that is,they must have a causal link between the action(inaction)and the socially dangerous consequence,for the commission of this crime should be provided for individual criminal responsibility,the objects of these crimes are public relations protected and protected by international law and the national legislation of the Russian Federation,including the rights and freedoms of an individual and citizen,his property,peace and security of mankind,etc.The objective side of war crimes and crimes against humanity is not one action(inaction),and not even a series of actions of one or several persons,but rather a rather complex and extensive organized activity of several persons(hundreds,thousands)that can be carried out for several years or decades and is characterized by careful preparation for committing large-scale unlawful acts or by committing numerous continuing actions connected with one another by a single goal.or task.The means of committing war crimes and crimes against humanity are extensive,and it is almost impossible to single out any one way of committing a crime,since various methods and means are used.For example,war crimes can be committed using various technical means,as well as various types of weapons prohibited for use or use(for example,the St.Petersburg Declaration on the abolition of the use of explosive and incendiary bullets of 1868).The subjects of these crimes may be individuals who have reached the age of criminal responsibility and are sanctioned,but there are also special subjects of these crimes,namely,heads of state and high-ranking civil servants,senior military officials,or individuals effectively acting as such,who either knew or deliberately ignored the information that the subordinates had committed or intended to commit such crimes and did not take all necessary and reasonable measures to prevent or repress their commission or to transfer the matter to the competent authorities for investigation and prosecution.It is important to state that there is a universal interest of the world community in preventing such crimes.Under certain circumstances,individuals who have committed such crimes should be subject to criminal prosecution and punishment by any state,regardless of the territory of which state the crime was committed or the citizen of which state is the perpetrator or victim of this crime.Nowadays,the Russian criminal legislation has some major problems,hence the Russian Government needs to improve of the legal system of the Russian Federation.Legal changes will improve the image of the Russian Federation in the world arena.If Russia reform its legal system it will mean that Russia is able to fulfill obligations.Amendments to the Criminal Code of the Russian Federation would contribute to the improvement of domestic legislation,its approximation to generally accepted international standards,as well as solving such problems as decriminalizing the behavior of a subordinate who refuses to execute the criminal order of the commander or military commander.The introduction of amendments to the Criminal Code of the Russian Federation by implementing the norms of international criminal law on war crimes and crimes against humanity,in the author's opinion,seem to be the most optimal choice.