THE MAIN STAGES OF FORMATION AND DEVELOPMENT OF INDIVIDUAL CRIMINAL RESPONSIBILITY IN INTERNATIONAL LAW

Abstract

The main stages of the formation and development of the institution of criminal liability of the individual in international law are studied in the article, features and characteristic features of each of the studied stages are clarified, as well as various doctrinal approaches to the recognition or non-recognition of the individual, the subject of international law analyzed, and consequently, the subject of international crime within the framework of the International criminal law. It has been shown that the primary responsibility for persecuting individuals lies with the state. However, individuals are prosecuted in accordance with international criminal law. The expansion of this practice is a manifestation of the further formation and implementation of the principle of punishing individuals for committing international crimes recognized by the world community as international crimes. The institute of international criminal responsibility of individuals for committing international crimes is a significant deterrent to modern international law to prevent violations of its most important norms. The statutes of the tribunals oblige states to provide assistance, including search and identification, obtaining evidence and finding evidence, arresting and detaining, and transferring the accused to the tribunal. All this requires the introduction of appropriate provisions in the criminal and criminal procedural law of states. It is concluded that the formation and development of the institution of individual criminal responsibility in international law has come a long way from complete non-recognition and denial to the emergence of a permanent judicial institution to which international crimes fall and individuals are recognized as perpetrators. An individual becomes a subject of international law and will be held accountable if he or she commits international crimes. It is confirmed that the principle of inevitability of criminal punishment has the ability to be implemented in any case. which is a progressive phenomenon of modern reality.