Military Tribunal Research Articles

Features of the organization and activities of the military college of the supreme court of the USSR during World War II

Without pretending to be exhaustive, the authors aim to focus on the organizational features of the functioning of the Military Collegium of the Supreme Court (MCSC) of the USSR during the Second World War and the specifics of its punitive practice in the specified period in the western regions of Ukraine. The purpose of the task is to clarify the powers, the circumstances of the struggle for the strengthening of the monopoly in the control of military tribunals (MT) between the MCSC and the People's Commissariat of Justice (PCJ) of the USSR, highlighting the role of the Military Board in passing judgments, the implementation of absentee justice, as well as the details of the preparation and conducting field sessions in the west of Ukraine. The research methodology combines the tools of historical and legal analysis and social anthropology. The scientific novelty consists in posing and revealing the problem of conceptualization and practical implementation of the punitive policy of the Soviet state with the participation of the highest military judicial institution. The material introduced into scientific circulation makes it possible to focus research optics on the issues of interaction and parallelism, the struggle between various departments for control over special courts, to create a more complete picture of the arbitrariness that unfolded in the last war and post-war years in the western Ukrainian lands. It was established that the Military Collegium of the Supreme Court of the USSR was an integral part of the political terror implemented both in the armed forces and against the civilian population. Created in 1939, the parallelism in the control of the VT by the People's Commissariat of Justice and the MCSC caused a confrontation between these bodies. The top of the USSR used this in their interests to maintain their own undivided control over the judiciary. The content and methods/forms of the punitive practice of this institution (customary nature, absentee justice, etc.) remained intact since the Great Terror and were fully controlled by the highest political leadership of the USSR. This was clearly confirmed during the work of field sessions in the western regions of the Ukrainian SSR.

Revolutionary tribunals of the Tambov province 1918–1922

Importance. Reforming the public administration system is impossible without analyzing and taking into account the historical experience of the activities of punitive authorities. Revolutionary tribunals, created as a weapon in the fight against opponents of the Bolshevik regime, became a form of legitimization of state violence. Studying the mechanism of functioning of these bodies of the Soviet system has important heuristic significance, along with the need for public understanding of the role of repression in the fight against social protest. Modern scientific publications testify to the attention of researchers to this problem. An analysis of the historiography of the issue gives grounds to assert that a promising direction in the study of the topic of “revolutionary justice” is the analysis of the activities of provincial revolutionary tribunals, as well as clarification of the nature of their relationships with other repressive authorities.Materials and Methods. The source base for this work consists of materials identified in the funds of central and local archives and introduced into scientific circulation, most of them for the first time. The documents used made it possible to study the process of organization and practical activities of revolutionary tribunals in the Tambov province of the period 1918–1922. Factual material related to the struggle of these bodies with peasant protest is extracted from materials of local periodicals. The work used a systematic approach, as well as general scientific and historical research methods.Results and Discussion. An analysis of the process of creating revolutionary tribunals in the Tambov province is carried out. Their place and functionality in the management system, as well as the criteria for personnel selection of their employees, are established. The role of the military revolutionary tribunal in the fight against mass desertion is studied. The nature of the relationship between the provincial regional tribunal and the local Cheka is clarified. Based on investigative materials and sentences, the nature of the charges and penalties applied to peasants, participants in rural “rebellions”, as well as food workers who committed violence during the seizure of grain are established. The repressive activities of the Tambov provincial RVT and its visiting sessions to combat and prosecute both armed rebels and the civilian population of the village assisting them are considered.Conclusion. Based on a wide range of archival and other sources, it is established that the activities of the revolutionary tribunals of the Tambov province in the period 1918–1922 was punitive in nature and aimed at suppressing anti-government protest.

Cognitive Thinking Differences in E-C Translation Driven by Temporal/Spatial Preferences: A Case Study of the Translation of “The Proceedings of the International Military Tribunal for the Far East”

This study, grounded in the interdisciplinary integration of cognitive science and translation studies known as translation cognition, examines how differing temporal-spatial cognitive orientations in English and Chinese influence translation processes. English exhibits a temporality preference, explicitly linking semantic logic through grammatical and lexical devices, while Chinese demonstrates a spatiality preference with nonlinear, chunked, and discrete language encoding. During translation, translators must cognitively reconstruct the source language to align with the target language's cognitive and expressive conventions. Analyzing English-Chinese translation cases from "The Proceedings of the International Military Tribunal For the Far East," the research reveals cognitive strategies in semantic processing and sentence restructuring. It emphasizes the importance of understanding and applying temporal-spatial cognitive differences in cross-linguistic and cross-cultural communication.

Revisiting Röling and Cassese’s Appraisal of the Tokyo Tribunal

Abstract In late 1977, Antonio Cassese interviewed Bernard Röling about his experiences as a judge at the International Military Tribunal for the Far East, and his career after that. The resulting book, The Tokyo Trial and Beyond: Reflections of a Peacemonger, was published in 1993. It not only offered an insider’s account of the politics and personalities that shaped the Tokyo tribunal but also addressed associated issues – strategies for disarmament, the definition of aggression, the limits of self-determination – that would exercise international actors over the ensuing decades. In the process, it revealed much about the perspectives and occasional foibles of two innovative and outward-looking jurists whose work was nonetheless rooted in, and sometimes constrained by, European legal approaches to peace and justice.

:Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II

:<i>Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II</i>

Crimes against humanity: concepts and signs

The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine.&#x0D; The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine.&#x0D; «Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable.&#x0D; Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide).&#x0D; In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.

Regime of military occupation, human rights, elections and referendums: case of Ukraine

From 2014 until today, parts of the Donetsk, Kherson, Luhansk and Zaporizhia regions of Ukraine are under international legal regime of military occupation. To realize one of its intentions - to change the territorial status quo by force of arms - Russia uses such tools as elections and referendums in the temporarily occupied parts of Ukraine. The article characterizes the legal regime of the military occupation, focuses attention on ensuring the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine, emphasizes that the elections and referendums held by Russia have nothing to do with direct forms of democracy. These are legally invalid measures organized by the occupation administrations as an attempt to illegally annex Ukrainian territories by the Russian Federation. Their results do not have any legal consequences and cannot be accepted and recognized by the international community. Also focusing on the regime of military occupation, the authors of the article emphasize that occupation does not mean the loss of sovereignty of the occupied territory. Territorial supremacy of the state is directly related to state sovereignty and is one of its constituent elements. The occupation is characterized by the preservation of power structures and the continuation of resistance and military operations against the occupying state.&#x0D; The decisions of the UN International Court of Justice and the International Military Tribunal (Nuremberg) are analyzed. It is emphasized that the methods used by the Russian Federation to achieve the goal of including the territories of Ukraine, in which the Russian Federation held «referendums» and elections, were aggressive, the decisive factor was the military power of the Russian Federation, which came into force and met the resistance of sovereign independent Ukraine and the Ukrainian people. It is emphasized that Russia commits war crimes and uses «means of terrorism», one of which is the financing of so-called elections and referendums in the territories of Ukraine temporarily occupied by Russia. Ukraine carries out armed resistance to the inclusion of the territories of Ukraine in which the Russian Federation held «referendums» («referendums» in the Kherson, Zaporizhzhya, Donetsk and Luhansk regions), reacts negatively to manifestations of territorial sovereignty on the part of the Russian Federation, and Ukraine also demonstrates by its behavior, that the referendums held by the Russian Federation in the Kherson, Zaporizhzhya, Donetsk, and Luhansk regions are unconstitutional, and their results and the acceptance of the territories of Ukraine into the Russian Federation do not have legal force.

Политико-правовые принципы борьбы с фальсификацией истории (на примере битвы за Кавказ)

The article is devoted to countering the falsification of the national history of the state and law, in particular the Great Patriotic War on the example of the battle for the Caucasus. This topic still needs careful study, as new facts about it appear, and modern events are largely due to the events of those years. This makes it possible to reveal the interdependence of the domestic and foreign policy of our country and to debunk fabrications aimed at rehabilitating Nazism and belittling the role of the Soviet Union and its peoples in achieving victory in World War II. The author proposes, using the legal potential of the amendment made to the text of our Constitution - Art. 67.1, in the name of ensuring the protection of historical truth, not to allow the significance of the feat of the people in the defense of the Fatherland to be diminished and in this matter for legal purposes to use the possibilities of sanctions of Art. 354.1 of the Criminal Code of the Russian Federation to those who deny the facts established by the verdict of the International Military Tribunal in Nuremberg and spread false information about the Great Patriotic War, its events and its characters.

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

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.

Икона украинских нацистов: к вопросу об исторической оценке «героев» под Покровами Богородицы и их современных почитателей

The study is based on a source analysis (external criticism) of a modern icon of Ukrainian nationalists, on which, under the Protection of the Virgin Mary, among other historical figures, Greek Catholic metropolitans Andrei Sheptytsky and Joseph Slipyi are depicted, as well as the leaders of the OUN-UPA (organizations recognized as extremist in Russia and banned) Stepan Bandera and Roman Shukhevych. A historical assessment of the activities and the presence of these figures who collaborated with the German Nazis on the icon is given. The main emphasis is on the interaction of the depicted «heroes» with the NSDAP, SS, SD and Gestapo, found guilty of crimes against humanity by the International Military Tribunal. In addition to the image itself, which became the reason for writing this article, the source for the study is the forensic investigative documentation of the Soviet state security agencies, during and after the end of the Great Patriotic War, interrogating captured employees of the German special services, Ukrainian nationalists and witnesses to their war crimes. The presence of specific common features in the biographies depicted on the icon of Nazi criminals has been established. The author emphasizes that people who publicly glorify Ukrainian nationalists through an icon are subject to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, which requires states parties to the Convention to prosecute them.

Führerprinzip or 'I Was Following Orders' in Jus in Bello Era

In June of 1945, the International Military Tribunal (ITM) formed in London, faced the problem of a non-yet existing legal armor for the Nazi crimes. Two new rules were widely accepted there. First, a new category of war crimes, the “crimes against humanity” was legally defined. Second, the ex-ante rejection of the defense line “I was following orders” or Führerprinzip (the principle of the duty to obey every order given by the military leader). In the first part of this paper, I will present in brief, the historical and legal context of the rejection of Führerprinzip as a defense line of the Nazi defendants in Nuremberg trials as also in Eichmann’s trial in Jerusalem, where the same legal context was enacted. Next, I will expose a short history of conscientious objection in war ethics and the International Law on Human Rights that supports it. This exposition reveals that objection to criminal orders has the status not only of a right, but also of a duty for the soldiers on either side of the war. In the third part, the Rawlsian view on conscientious objector will be exposed as the meeting point of a broadly Kantian conception of war ethics and the existing International Law frame. In the final part I will present some philosophical aspects of jus in bello theory, as also the critique of its importance, and its contribution to the reification of the moral importance of conscientious objection in wartime and the rejection of Führerprinzip.

The Content and Function of Cosmopolitanism in a Selection of International Criminal Law Tribunals

Reasoning and justifications before the international criminal tribunals and courts (ICTs) have not always strictly kept to legal rules and/or legal standards. At times, philosophical structures were used directly in argument. Consequently, this article is, in particular, concerned with cosmopolitanism in arguments and judgments from a selection of counsel and judges emanating from the Nuremberg and Tokyo International Military Tribunals as well as the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It aims to provide an analysis of how the different generations of ICT and the different role-players therein used cosmopolitanism in their arguments. While not a treatise on cosmopolitanism as such, the article will identify and consider several broad cosmopolitan strands relevant to the selected arguments. The ensuing analysis will propose a taxonomy of specific arguments from the selected role-players addressing (1) the existence of a homogeneous civilisation and/or common morality as a descriptive truth or falsity, (2) the progressive realisation of the international society as a normative aspiration and (3) the relationship of the duty to the international community versus that owed to the domestic community of birth. Thereafter, the article will discuss plausible functions, in addition to persuasion, served by these arguments (including winning the case, undermining or supporting the legitimacy of the ICL proceedings in their entirety and/or controlling the subsequent historical narrative). Finally, the article will situate these investigations within the broader study of philosophy at the selected ICTs.

Prohibition of the glorification of the crimes condemned by the verdict of the International Military Tribunal of the European Axis Countries: problems of interpretation and law enforcement

The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation. The methodology of the research consists of such methods as formal-legal, logical, systematic, as well as the method of analysis. The author emphasizes the importance of considering the aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.

From War Crimes to Crimes against Humanity and Genocide: Turkish Responsibility after World War I

On 24 May 1915, the Triple Entente powers of Britain, France, and Russia issued a joint declaration that qualified the massacres, imprisonments and violence inflicted on the peaceful Armenian population as “crimes against humanity and civilization.” The concept of crimes against humanity was further developed and explained by the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties (hereinafter: Commission), which was formed during the Paris Peace Conference to investigate violations of the laws and customs of war and prosecute war criminals. This article traces the evolution of discussions held within the Commission regarding the atrocities committed by the Ottoman Turkish government against its Armenian population, which technically fell outside the jurisdiction of the crimes specified in these talks, as the atrocities were committed not against the population of a belligerent state but, rather, against their own nationals. These discussions played a major part in the development of international criminal law; particularly of the concept of crimes against humanity. The Armenian Memorandum and the list of perpetrators of the Armenian atrocities were also presented to the Commission, which (together with other data and information collected) identified the crimes committed against the Armenian population by the Ottoman authorities, thus defining the concept of crimes against humanity and the acts that fell within its scope. Although post-World War I efforts for justice are generally assessed as a failed effort, crimes against humanity first materialized as a term in international law during this period and its development was based on the Armenian atrocities, which provided a critical basis for the International Military Tribunal's later convictions and contributed to the concept's evolution into its present-day significance.

Regarding the issue of international cooperation in against genocide (on the example of crimes committed by the russia against the ukrainian people)

In this scientific work, the authors made another attempt to consider the issue of genocide in international law. At the same time, today the issue of consideration of genocide on the territory of an independent, legal, democratic, social state with a market economy – Ukraine, which continues to be committed by the Russian Federation on the sovereign territories of the state, is quite relevant. Due to Russian aggression, the civilian population is dying on the territory of Ukraine. Every day, the Russian army attacks the critical infrastructure of Ukraine, which is damaged, leaving a large area without gas, heat, light, water, etc.&#x0D; In the scientific article, an attempt was made to consider the prospects for the prevention and countermeasures of genocide, the main influencing factors.&#x0D; In today’s conditions, the authors considered a number of international legal frameworks, in particular, the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the Statute of the International Military Tribunal, the Geneva Conventions and Protocols adopted in 1977, 2005, etc., it can be confidently stated that the actions of the aggressor state can be qualified as committing genocide against the Ukrainian people.&#x0D; The scientific article states that institutions of international responsibility were created to prevent crimes of genocide: the International Military Tribunal in Nuremberg, the International Military Tribunal for the Far East, the International Criminal Tribunal for Rwanda, and the International Tribunal in The Hague. The United Nations system as a whole, including all departments and specialized agencies, such as the Office of the United Nations High Commissioner for Human Rights, the Office of Legal Affairs, the Department of Political Affairs, the Department of Public Information, is expected to play an important role in preventing genocide, Department of Peacekeeping, Office of the United Nations High Commissioner for Refugees and some others.&#x0D; Let’s pay attention to the methods of recognition and identification of genocide, based on the above- mentioned institutions, and another attempt was made to consider in detail the legal definition of genocide as an international crime, the perspectives and at the same time the most problematic areas of genocide regulation were considered. We should also not forget about the official data on the number of victims due to aggression by the russia.

Crime of Aggression against Ukraine

Abstract In the discourse around prosecution of perpetrators of the crime of aggression against Ukraine, there is a need to consider the impact of Eastern European regional norms, both treaty-based and customary. This concerns both the interpretation of principles of responsibility for the crime of aggression as well as the modes of prosecution thereof. The article argues that, in Eastern Europe, the crime of aggression is a well-established norm of international and national law, and aggression — as a conduct by a state — is defined based on the principle of first use of force, while political, economic and any other justifications in order to avoid responsibility are disallowed. Individual responsibility for the crime of aggression represents a departure from the International Criminal Court’s Rome Statute standard and is instead based on the International Military Tribunal’s Charter, which limits its scope to responsibility for a war of aggression. At the same time, it does not preclude, for example, prosecution of those responsible for the administration of occupied territories. As a consequence, the leadership clause might be understood as broader in comparison to the Rome Statute standards.

Closing Ranks: Publius Salonius and the Early Roman Army

ABSTRACT: A tangled tale of military resistance and reform (342 bce) includes a new rule that a man not be a centurion after being a military tribune, inspired, Livy notes, by soldiers’ dislike of P. Salonius, who moved between those ranks. This article examines this episode as evidence for the development of Rome’s military and the increasingly separate orientation of centurions and military tribunes therein. The framing of the story adds to our knowledge of the transmission of historical information at Rome, while its analysis allows us to view more critically the homogenizing representation of Roman soldiers as civic-minded agrarian small-holders.

Воєнні та військові злочини в кримінальному законодавстві Російської імперії, РРФСР та Російської Федерації: теорія і безпосередня практика

The qualification of military and war crimes in the legislation of the Tsardom of Muscovy, the Russian Empire, the RSFSR and modern Russia is considered. A conclusion about the primacy of military expediency over considerations of universal morality and humanism is made. Thus, the legislation of the Tsardom of Muscovy foresaw the possibility of turning the so-called boyar children (the younger layer of the boyars), suspended by the tsar from service, into kholops (serfs). The military legislation of Peter I does not distinguish between the suicide of a soldier and treason. The military reform of Alexander II, carried out by Minister Milyutin, somewhat liberalized military legislation and created a clear system of military courts. The refusal of the Provisional Government to use the death penalty disorganized the Russian army, and this was considered by the Bolsheviks while creating the Red Guards and the Red Army. During the civil war, the Bolshevik headship even used decimation regarding the Red Army men. After the end of hostilities, military crimes (Criminal Code of the RSFSR of 1922) were generally punished more mildly, but the tightening of the screws in the direction of repression’s increase began almost immediately. These processes reached their apogee during the Second World War when the widest range of cases was handed over to military tribunals. In the Criminal Code of the RSFSR of 1960, the number of military crimes doubled, and the sanction became as severe as possible (up to the death penalty). The concept of a war crime is first mentioned in Article 67.1. The use of biological weapons, but it was introduced into the Code by the Law of the Russian Federation, dated 29.04.1993. The criminal code of the modern Russian Federation includes both military and war crimes, the sanctions are severe, but thesein no way restrain the Russian army, Rosgvardiya (National Guard of Russia), and paramilitary formations during a full-scale war against Ukraine. The world has witnessed numerous crimes against the civilian population, prisoners of war, and the environment (the blowing up of the Kakhovka HPP).

The Gap between the International Criminal Court and Victims: Criminal Trial Reparations as a Case Study

Although victims have the right to limited participation in trials and to seek reparations after sentencing, the legal structure of the International Criminal Court (ICC) prioritizes retributive justice over restorative justice and punishment over reparations. Thus, currently, although the perpetrators can be tried through the ICC, it is still difficult to obtain reasonable compensation for the damages suffered by the victims. On the one hand, the ICC’s reparation system may be restricted by the identity of the victim, ICC internal factors, and so on. The current structure of the ICC compensation system allows for hierarchical relationships between victims, while at the same time, there is tension between individual and collective types of compensation. These factors have led to a disconnect and gap between the protection of rights at the theoretical level and actual reparation. This dichotomy between the theoretical protection of the rights of victims and the real protection of victims in practice exists in the ICC. Victims are isolated from the field of vision due to potential repercussions. The idealistic illusion of justice is completed when the ICC stands on the stage and accepts the audience’s praise. However, for compensation in criminal courts, people are paying increasing attention to the legal process and content. In practice, the proportion of victims of international crimes is not low, and in some cases, victims are widespread. It can be seen that criminal compensation for victims is an issue that spans a vast range of people and regions. Nonetheless, there are still research gaps regarding reparation and other ideas of justice according to the ICC, how the ICC provides multifaceted safeguards for victims, and the limitations and influence of the mechanism of the ICC on the compensation of victims. Considering the above problems, this paper aims to analyze the International Criminal Court indemnity cases. This paper wishes to analyze reparations and other ideas of justice under the ICC, examining the approach of the ICC toward compensation for victims, where the ICC is heading regarding reparations for victims, how the reparations system works, and the advantages and disadvantages of the reparations system, as well as what are the potential problems of ICC related to reparations. What guarantees do the ICC’s mechanisms provide for victims to be able to receive reparations? How does the structure of the ICC reparations system conflict with victims’ reparations in practical terms? What are the potential obstacles and gaps between criminal trial reparations and victims? The first chapter wants to analyze the early Nuremberg tribunal, Tokyo tribunal, ICTY, and the ICTR by analyzing whether international criminal justice under these military tribunals was restorative justice or reparation justice and interspersed with analyses of reparation to victims under these tribunals. Then, it analyses it further about justice and reparation of the ICC, and it talks about the compensation for the victim and how the idea of compensation under the ICC has evolved. Using these arguments to analyze reparation and other different ideas of justice under the paly of ICC. The second chapter of the article analyzes the “participatate in trial for compensation”, “The limits of participating in trial”, “Safety protection for victims” to demonstrate the current protection and progress of the ICC system on the issue of victims’ compensation, this is because victims’ participation in the trial will bring a lot of help to the issue of compensation. The article analyses the significance and shortcomings of participation in a trial for compensation, which is necessary and meaningful to the issue of compensation because “participation in trial” and compensation are related and complementary to each other, as participation of the victims will bring a lot of help to the issue of compensation. The article analyses the section “Protection of the financial situation of victims: A possible alternative methods of reparation” because, to some extent, it can be seen as an alternative method of ICC compensation. The third chapter of the article hopes that by analyzing “Little compensation”, “The silence court put on victims’ rights of compensation”, “The ICC’s model of judicial administration remains optional” to argue and analyze how the structure of the ICC reparations system conflict with victim reparations in practical terms. Because the silence the court put on victims’ rights of compensation and the ICC’s model of judicial administration remains optional, both directly impact the issue of compensation. Chapter IV mainly aims to analyze some of the potential negative impacts of the ICC on victim reparations, specifically “The victim’s social death”, “Restrictions on “expression” between the victim and the court”, “Does the ICC hope to improve its attitude to victims?” to specifically analyze and argue these aspects of its potential negative impact on victim reparations. On this basis, this paper analyzes the gap between criminal trial reparations and victims to identify what negatives exist between the two.

Деятельность международных уголовных трибуналов как эффективный механизм привлечения виновных лиц к ответственности

In the current international situation, the previously tested model of establishing military tribunals under the auspices of the UN Security Council is ambiguously perceived, and therefore there is a need for interstate post-conflict legal settlement on the basis of the countries participating in the conflict (with or without the involvement of third countries). In order to establish the basic principles of criminal prosecution and legal proceedings in this institution of international law, it is necessary to refer to the previous experience of applying the format of mili-tary tribunals: the Nuremberg trials, the Tokyo International Tribunal, the Tribunal for the former Yugoslavia. In this article, a comparative study of these proceedings will be conducted, logical relationships and successive trends will be built on the examples of decisions of various tribunals and their legal foundations, the main pro-visions, positive and negative sides will be considered, and relevant requirements for modern international tribunals will be formed based on the results of previous experience in the application of international law. The obtained results of the study are a generalization of trends in the world criminal law and may form the legal basis of military tribunals in the future.