Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes, and other International Crimes: the focus of the provisions and challenges

Abstract

The article is devoted to the analysis of the provisions of the 2023 Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes, and other International Crimes. The analysis of the provisions of the Convention is important for assessing the capacity of existing mechanisms to respond to international crimes committed in Ukraine. Therefore, the purpose of the article was to assess the provisions of the Convention, its correlation with the legislation of Ukraine, in the aspect of prosecution those guilty of international crimes against Ukraine and the Ukrainian people.
 The article examines in detail: the scope and purpose of the Convention; obligations of criminalization; obligation to establish jurisdiction; principle «aut dedere aut judicare»; areas of mutual legal assistance; provisions regarding victims.
 It is indicated that the Convention is an important step in the development of prosecution mechanisms for war crimes. Its unique feature is the presence of norms of international criminal law, despite the name, which concerns only international cooperation, which is not at all characteristic of other conventions on mutual legal assistance. Unfortunately, however, some war crimes and crime of aggression will require additional notification of the application of the Convention, which again reduces its potential positive impact on prosecutions for international crimes.
 The analysis of the provisions of the Convention allows us to reasonably assume that in the event of its ratification: there will be a need to improve the norms of the Criminal Code of Ukraine regarding the effect of the criminal law on persons and universal jurisdiction; will require updating the norms of the Criminal Procedure Code of Ukraine regarding the provision of international legal assistance; additions to the provisions of the Criminal Procedure Code of Ukraine regarding extradition in aspects of the «aut dedere aut judicare» principle will be required; will require verification on the issue of compliance of the Criminal Procedure Code of Ukraine with the Convention regarding the participation of victims in criminal proceedings. In addition, the issue of regulation of restitution, compensation and rehabilitation and other forms of compensation for victims of international crimes will need to be resolved.