Responsibility for international crimes

Abstract

International criminal law, created within the framework and under international humanitarian law (international war law) provides for a system of international crimes (criminal acts) that violate the laws and customs of war, or the rules of international law, thereby endangering the peace between nations and the security of the mankind. For the perpetrators of these most serious crimes that are committed mainly in time of war, an armed (international or internal) conflict or occupation, severe penalties are prescribed. For the criminal sanctions to be applied by the international or national criminal (permanent or ad hoc, military or civilian) courts, it is necessary to determine the criminal responsibility of the perpetrators. It is in this field of criminal law that series of specific points in terms of determining the criminal responsibility for international crimes appear - the responsibility of the state, individual responsibility of political or military superiors (command responsibility), and joint criminal enterprise.