ВІЙСЬКОВІ ТА ВОЄННІ ЗЛОЧИНИ У ВІТЧИЗНЯНОМУ ТА МІЖНАРОДНОМУ ЗАКОНОДАВСТВАХ

Abstract

Criminal and international legislation in terms of legal regulation of military and war crimes is analyzed in the article. Conclusions and recommendations of international organizations on the researched issue are made. The views of scholars on the distinction between the concepts of “military” and “war” crimes are considered. It is proved that there is an important difference between military and war crimes. Thus, war crimes can be committed only in conditions of an armed conflict, in turn, military criminal offenses both during armed conflict and during military service. Emphasis is placed on further harmonization of domestic legislation and the Rome Statute in order to bring the perpetrators to justice effectively. It is noted that international treaties and other acts of international law are intended to regulate international disputes between states, but from time to time it is difficult to apply them in reality to ensure that states parties to the conflict in practice. For this purpose, third parties often enter into legal relations, which contribute to the settlement of a conflict between the states and the establishment of a stable domestic foreign policy situation on the territory of each of them. It is found out that the task of international law in this case is to resolve such conflicts with the help of their organizations and institutions, to establish new “rules of the game” in the international arena. And only in this way, by involving all countries of the world in peaceful cooperation and developing an effective mechanism of cooperation, it is possible to achieve world order and peace. To this end, the scope of various conciliation commissions should be extended, and States parties to the conflict should be encouraged to settle disputes peacefully in order to preserve world resources and human lives, which, as mentioned above, are of the highest social value. Key words: military crime, war crime, armed conflict, war, international legal acts.