The application of retroactive force of the criminal law in relation to the crime of genocide: international and national aspects

Abstract

The subject of this study is genocide as a crime against the peace and security of mankind. The author raises the problem of the possibility of applying the retroactive force of the criminal law to an act of this kind, despite the absence of such a provision in article 10 of the Criminal Code of the Russian Federation. Special attention is paid to issues of international law, as well as judicial precedents related to the consideration of disputes on this issue. Considering the latter, the author subjects them to a deep systematic analysis for the possibility of initiating criminal proceedings and investigating crimes subject to qualification as genocide within the framework of the current criminal legislation of the Russian Federation. The role of the International Military Tribunal for War Criminals of the European Axis Countries (Nuremberg Tribunal) in the formulation and subsequent consolidation of the norm of genocide is emphasized. In his research, the author uses such methods as historical, systemic, formal legal, comparative, as well as methods of analysis, deduction and formal logic. The author's special contribution to the consideration of this issue is the study of the historical and philosophical foundations, the moral and ethical side of giving retroactive force to the norms on genocide both from the point of view of international and from the point of view of national criminal law. The main result of the study is the author's conclusion about the possibility of applying the Genocide Convention retrospectively, as well as the need to consolidate in the legislation of the Russian Federation the provision on the need to make the criminal law retroactive in relation to crimes against the peace and security of mankind by amending part 2 of Article 10 of the Criminal Code of the Russian Federation. Expanding the definition of this norm would also simplify criminal procedural activities in the context of initiating criminal cases on these circumstances and their investigation.