Definition of the crime against the security of humanity (genocide) in international criminal law and the obligation to punish it

Abstract

The relevance of this research topic in today's conditions is of great interest and lies in the fact that genocide is one of the most serious crimes against humanity, and although responsibility for it is officially established, this does not prevent new manifestations of genocide.
 In this scientific article, the author made another attempt to consider the theoretical basis of the emergence of the term "genocide" in international law. It is noted that despite the rather long existence of genocide in the world, it was only after the Second World War that genocide was qualified as the most serious crime against humanity. It was analyzed that despite the fact that the UN Convention on the Prevention and Punishment of the Crime of Genocide was signed, its adopted norms could not prevent a new manifestation of this crime. The article gives known historical examples of terrible genocides. It was determined that responsibility for genocide is stipulated by the UN Convention of 1948 "On the Prevention of the Crime of Genocide and its Punishment", which formulates the composition of the crime and its forms. It was also found that the Convention does not directly refer to the responsibility of states, but only indirectly.
 The concept of international criminal respon­sibility of the state for genocide is revealed and conclusions are drawn that this concept is controversial.
 The judicial practice of the states regarding prosecution for the crime of genocide in accordance with the UN Convention on the Prevention and Punishment of the Crime of Genocide has been analyzed. Conclusions were made about the application by national courts of the Genocide Convention itself, or the national legislation, which contained the definition of the crime of genocide in accordance with the Convention.
 The article also reveals current events, namely that the crimes committed by the Russians during the full-scale aggression fall under the articles of the 1948 Genocide Convention, and Ukraine is working to bring Russian criminals to justice for the genocide of the Ukrainian people.
 It was concluded that the crimes of the Russians in Ukraine are genocide by all indications and that Russia should bear responsibility for the genocide of the Ukrainian people.