Principles Of International Law Research Articles

Cybercrimes: An Emerging Category of Offenses within the Frame of the International Criminal Court Jurisdiction

In our interconnected society, crime persists, demanding joint efforts by national and international authorities to detect, prevent, and prosecute criminal activities. Jurisprudential evolution mandates lawmakers to possess a comprehensive legal vision, adapting laws to changing social contexts and emerging criminal methods, especially in technology, including computer technology and Artificial Intelligence (AI). This article comments on the escalating vulnerability of sovereign states and their economies to cyber-attacks. The radical evolution of computer systems has led to new modes of aggression, targeting not only traditional legal assets but also individuals familiar with advanced technology. The emergence of "cyberwarfare" prompts inquiries into potential categorizations within international legal frameworks. Recent global conflicts highlight the potential classification of cyber-attacks on critical infrastructure as war crimes or acts of aggression, urging the International Criminal Court (ICC) to consider incorporating cybercrimes into its core interests. While normative references may lack in existing conventions, the Martens Clause emphasizes treating attacks using technology as equivalent to conventional means. Article 51 of the United Nations Charter implies that cyber weapons could be deemed equivalent to conventional weapons under international law. The article stresses the importance of education and advanced training for legal personnel skilled in identifying cybercrime perpetrators, challenging the ICC to recruit or train individuals with the necessary legal and technical expertise for effective cybersecurity responses. The article briefly explores challenges in conceptualizing and categorizing cybercrimes within existing legal frameworks. The intersection of law and technology necessitates harmonious collaboration between legal and technical experts, acknowledging the intricate web of cyberspace and the implications of cyber threats on global stability and security. In conclusion, the article advocates a fundamental shift in the approach to justice, recognizing the ICC's imperative evolution in addressing cybercrimes. Integrating cybercrimes into the ICC's purview aligns with international law principles, emphasizing the equivalence of cyber weapons to conventional arms. Collaboration between legal and technical experts is essential in navigating the complexities of cybercrimes, ensuring accountability, and upholding justice in the digital age. The article concludes by highlighting the proactive role of the ICC in shaping the future of global justice amid emerging cyber threats.

On China’s Navigation Rights and Interests in the Tumen River and the Japanese Sea

To achieve the goals of the Polar Silk Road strategy and boost Northeast China’s economy, China should focus on economic and trade cooperation in the Japanese Sea. Despite not being a coastal State, China can still expand its navigation rights and interests within the region. The Japanese Sea has not been fully utilized by China due to its lack of direct access, and the surrounding States’ unstable political conditions have hindered long-term economic development arrangements. This paper proposes that China should develop its right of access to the Japanese Sea through the Tumen Region and assert the navigation rights and interests of third States. China can use current agreements and international law principles to uphold its right of access to the Japanese Sea through the Tumen River. It can also invest in overseas ports and improve transportation networks to implement the strategy of "accessing the sea through harbors of other States." Furthermore, China can strengthen its presence and use of shipping routes in the Japanese Sea by strengthening regional trade routes, connecting shipping routes with the Arctic, and expanding the abroad shipping of domestic goods. Moreover, this paper suggests that China should analyze the navigation rights and interests of third States in the territorial sea, exclusive economic zones, and straits surrounding the Japanese Sea to develop its sea routes. By doing so, China can realize its goals of the Polar Silk Road strategy and revitalize Northeast China’s economy.

The Inconsistency of EU Policy Towards Situations of Occupation/Annexation: The Case of Trade Relations Involving Products from Israeli Settlements and Occupied Western Sahara

This article aims to examine the practice and policy of the European Union regarding trade relations concerning products from occupied territories (Western Sahara and Israeli settlements) in the light of the principles of international law and the norms of Community law.

Examining the complexities of binding international law on international organisations

PurposeThis paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.Design/methodology/approachThe paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.FindingsThe authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.Research limitations/implicationsThe most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.Originality/valueThe paper fulfils an identified gap in the positioning of IOs under the international law.

Indonesia's Response to Rohingya Refugees in the Perspective of International Law in 2023

The focus of this research aims to examine how Indonesia's response to Rohingya refugees in the perspective of International Law in 2023. This research uses a qualitative approach with a case study method, after obtaining and researching existing datasets, an evaluation is carried out using qualitative analysis methods. The findings of this research explain Indonesia's response to the Rohingya refugees that occurred in mid-November 2023 with a focus on the perspective of international law. Although Indonesia has not ratified the 1951 Refugee Convention and 1967 Protocol, it has demonstrated engagement that reflects a commitment to the relevant principles of international law. The Indonesian government has given a mandate to UNHCR to handle the protection of Rohingya refugees, Indonesia also seeks international cooperation in dealing with this Rohingya refugee problem, the Indonesian government accepts Rohingya refugees openly because the basis of humanity is stated in Pancasila and the 1945 Constitution as the basis of this country. In addition, Indonesian positive law which contains Article 3 of Presidential Regulation 125/2016 related to the handling of refugees from abroad, and Indonesian national law also contains policies for handling asylum and refugees stipulated in Article 26 of Law 37/1999 as well as the application of the principle of non-refoulement which is applied without exception as the basis for providing assistance and protection to Rohingya refugees.

International Legal Issues in the Conservation of Marine Genetic Resources

INTRODUCTION. Nowadays the issues concerning conservation of marine biological diversity become important for the community of States in the light of the expansion of the scale of economic activity in marine spaces and of the opportunities of using such resources. At the universal contractual level an answer was proposed to a number of questions that have arisen in this area: on March 4, 2023, the text of the Agreement (under the 1982 United Nations Convention on the Law of the Sea) with a long title: “on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction” was finalized. It is predicted that the entry into force of this Agreement in the future will create a multilateral legal basis for conservation of biological diversity on the high seas, with the orderly use of its biological resources, to protect such diversity based on the principle of cooperation between States.The purpose of the article is to analyze the legal regime of marine genetic resources conservation based on the text of this Agreement.MATERIALS AND METHODS. The subject of this study comprises international treaties, international customs, general principles of international law and other sources of international law related to conservation of marine biodiversity in general. The methodological basis of the research is represented by a wide range of research methods, namely: formal-legal, comparative-legal, historical-legal and system-structural methods. In addition, the author applied the methods of analysis and generalization.RESEARCH RESULTS. The article presents a comprehensive analysis of the international legal regime of marine genetic resources based on the provisions of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The author considers the history of the development of the draſt Agreement, analyzes its main provisions, and pays special attention to its innovative legal mechanisms.The author proposes their assessment of the content of the draſt Agreement as a universal legal basis for the conservation of marine biological diversity, and suggests some options for strengthening international cooperation in this area.DISCUSSION AND CONCLUSIONS. As a result of the study, it can be stated that the draſt Agreement, prepared over many years of negotiations and published in March 2023, is a significant political and legal achievement of a universal level in the field of marine biodiversity conservation. At the same time, one can not fail to note the rather general nature of this document, as well as the fact that the entry into force of the Agreement may also require considerable time: objectively, the interests of developed and developing countries in this area are not always close; moreover, each State party to the Agreement accepts the obligation, among other things, that the use of marine natural resources should be linked to the obligation to protect marine environment, and this is always sensitive: a number of developed countries, as is known, under the pretext of economic concern, impose on developing States “green” products of their enterprises, which exacerbates the gap between developed and developing States.That is why the author comes to the conclusion that the international community, along with the development of a universal international treaty, could take the path of developing regional agreements to clarify such a legal regime, which would also contribute to the strengthening of the legal regime for biodiversity conservation at the universal level.

The Existence of Antipersonnel Land Mines in Aceh And Impact for Indonesia

Purpose: This study aims to revitalize the memory of many parties regarding the existence of anti-personnel landmines in Aceh which still leaves homework to be completed even though peace is already 19 years old. These deadly objects are still found and threaten people's lives to this day. Indonesia has ratified the 1997 International Antipersonnel Landmine Convention through Law Number 20 of 2006. In fact, Indonesia is bound to implement all the provisions of the convention. Theoretical framework: This study combines a number of general legal principles in international humanitarian law, with reference to the 1997 International Anti-personnel Landmine Convention. Methods: The study method is adopted by combining normative and empirical legal studies, where data collection is carried out in literature and the field, with emphasis on the application of norms in conventions and their implementation in the field as far as can be observed. Results and Conclusions: The results of the study show that the Government of the Republic of Indonesia does not appear to be doing its best to resolve the problems caused by the presence of anti-personnel landmines in Aceh. Research implications: This research is urgently needed as an alternative pattern for resolving the antipersonnel land mine problem that Aceh is experiencing as part of the Republic of Indonesia. Originality/value: The hope is that through this research, the experiences of a number of ASEAN countries will become best practices for the national antipersonnel landmine clearance campaign in Indonesia. ASEAN's involvement is intended to help sustain peace in Aceh in accordance with the Helsinki Memorandum of Understanding on August 15 2005 and Law of the Republic of Indonesia Number 11 of 2006 concerning the Government of Aceh.

Artificial Intelligence in Indo-Pacific

The use of Artificial Intelligence in the military is like two sides of a coin. It can provide convenience and aid in military operations but has the potential to hinder military operations. Dangerous and potentially catastrophic for humanity will be inevitable as no restrictions on its use. The United States, China, Australia, Japan, and India are examples of nations whose militaries have developed artificial intelligence technology. Geographically, Southeast Asia, which is located in the middle of these nations, will experience a significant impact due to its tight maritime borders if there is no international consensus on the military application of artificial intelligence technology. An autonomous or autonomous system to operate this technology will reduce the amount of human control and allow it to operate without any human intervention. It will be a threat to the application of the fundamental principles of international humanitarian law, such as the distinction principle, and proportionality principle. Where these principles are tightly intertwined with human command and control in making decisions regarding the execution of attacks. The article employs normative legal methodology. Furthermore, this paper endeavours to assess the pertinence of principles in international humanitarian law during the era of the artificial intelligence arms race. It also delves into the contribution of ASEAN in upholding stability, peace, and security in the Southeast Asia region, thereby reinforcing the importance of this research. This research emphasises the importance of aligning the progress of artificial intelligence in military contexts with core principles of international humanitarian law. It underscores the need for ASEAN to safeguard regional peace and security by establishing a novel regulatory framework that outlines restrictions on the development and deployment of artificial intelligence for military objectives.

Анатомия кризиса: проблемы нормативной легитимности Международного уголовного суда

The article examines the issues of the normative legitimacy of the International Criminal Court, which is understood as the conformity of the creation and operation of the court with the norms and principles of international law, as well as with the conditions of consent of States regarding the status of this court, competence and jurisdiction formulated in the Rome Statute as the founding document of the court. The current practice of the ICC and the Prosecutor of the Court in some fundamental issues has clearly departed from the conditions for the exercise of their jurisdiction enshrined in the Rome Statute, which calls into question the normative legitimacy of such actions of the Court and the Prosecutor. States, after two decades of the Court’s activity, have clearly not received the court they expected, developing and agreeing on the provisions of the Rome Statute, which may give States sufficient grounds to stop considering this court as a legitimate source of judicial power

The international law principle of due diligence and its application to the cyber context

Este artículo analiza la aplicación del principio de diligencia debida en Derecho internacional al contexto cibernético. Con este objetivo, el artículo describe en primer lugar los principales elementos de este principio en el contexto cibernético actual, marcado por la creciente amenaza que representan los ciberataques. A continuación, el artículo analiza la naturaleza jurídica del principio y su aplicación al ámbito cibernético a la luz de la práctica internacional de Estados y Organizaciones internacionales y concluye con una serie de consideraciones sobre su plena vigencia actual como obligación jurídica y su posible desarrollo futuro.

A Study on the Challenges and Legal Issues arising from Chinese investment in Bangladesh Natural Resources and Infrastructure

This study focuses on the challenges and legal issues surrounding Chinese investment in Bangladesh's natural resources and infrastructure. It looks at the impact of Chinese investment on the country's resources and infrastructure, including any legal and regulatory issues that may arise. The study may examine how Bangladesh's laws and regulations protect the country's natural resources and infrastructure from foreign investment, and whether these laws are adequate to ensure that the country's resources are being used sustainable and in a manner that benefits the local communities. Additionally, the study may look at the role of international law and international organizations in mediating disputes between Bangladesh and Chinese investors. I have mentioned foreign investments in natural resources of Bangladesh e.g. natural gas, petroleum oil, coal and water resources. Until now, China only invests in a couple of sectors relating to natural resources. These investments are infrastructure projects e.g. power generation, construction, port establishment, agro-processed product, electrical and electronics, light engineering, roads, railways, power plants, and water treatment facilities, etc. This is a second generation Chinese BIT that incorporated general Characteristics of BITs of that era. Under this BIT, Regarding the dispute of expropriation, an ad hoc arbitral tribunal can be formed which would determine its own procedure, but the first negotiation shall take place between the parties to solve the dispute. Under these agreements, the disputes shall be settled by applying generally recognized principles of international law accepted by the parties.

Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.
 The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.
 The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.

National registration of space objects: analysis of problems and solutions

The article is devoted to the study of the legal aspects of the implementation of the norms of space law in Ukraine regarding the implementation of the national registration of space objects. It was established that the registration-legal connection between a space object and the state is a legal element that determines the presence or absence of a stipulated right of state jurisdiction over a space object in outer space. It is proven that the implementation of the exclusive jurisdiction of the state depends on the existence of a clear mechanism for the national registration of space objects and the effective functioning of their state register.
 Based on the analysis of the norms of international space law, it was determined that the «state of registration» of a space object is its «launch state», which maintains a register of space objects. It is emphasized that the «launch state» should introduce a national procedure for registering space objects, which involves the creation of a state register. The legal significance of their registration lies in the fact that entering a space object into the register is a legally significant action that enables the application of the norms of national legislation. It is the “launch state” that has received and implemented the right to register the space object, will have the legal status of the “registration state” and will implement quasi­territorial jurisdiction over the object during its stay in outer space.
 It is argued that the legislative norm on the mandatory state registration of spacecraft in the State Register of Spacecraft of Ukraine does not currently create legal consequences for the subjects of the relevant legal relationship, since the Rules for the Registration of Spacecraft in Ukraine have not been approved by the Cabinet of Ministers of Ukraine yet. Legal uncertainty regarding the rules of their registration creates a potentially dangerous jurisdictional vacuum during the stay of spacecraft in outer space, which can lead to the emergence of negative legal situations.
 The primary step of the state in solving this problem should be the establishment of a clear and effective procedure for the national registration of space objects. This will contribute to ensuring legal stability and compliance of Ukrainian space legislation with the norms and principles of international space law, as well as guaranteeing the preservation of Ukraine’s jurisdiction over objects launched into outer space.

The role of institutionalized cooperation in transboundary basins in mitigating conflict potential over hydropower dams

Numerous dams are currently being built, many of them in transboundary basins. This can lead to disagreements and conflicts between riparian states, compromising not only environmental and social sustainability, but also regional stability and peace. Addressing such conflict risks, states have developed legal and governance mechanisms to address the conflict potential around dams, ranging from international water law principles to dam-specific provisions in basin treaties and from basin management plans to environmental impact assessment approaches. This paper assesses whether, how and to what extent such institutionalized governance mechanisms can prevent or mitigate conflict through both a global perspective (based on global datasets on international water treaties and basin organizations) and a case study perspective (conducting an in-depth analysis of three basins the Mekong, Zambezi, and Senegal river basins). It finds that globally there is a shortcoming in institutionalized cooperation mechanisms preventing and mitigating conflict risks over dams, but in those albeit rather few basins where they do exist, they can reduce conflict risks and thus benefit riparian people, ecosystems, and countries. These findings contribute to the broader discourse on the role of international water law and basin organizations in sustainably managing shared water resources and support calls for the strengthening of those.

The Ethics of Law: How US/UK Intervention in Iraq and Russia's Invasion of Ukraine Breach the Principle of Virtue and International Law

The war in Iraq and the recent war in Ukraine symbolise the importance of resolving the crisis of international law and laws of war. In addition, the problematic aspect of these wars stems from the misconception of aggression or the composition of aggression. This falsity consists solely of the concept of aggression under international law, which has been abused, fragmented and confused. Therefore, this false idea of the concept of aggression under international law contributes to the development of modern conflicts. In an attempt to rationalise some of the fundamental failures in international law and the United Nations Security Council (hereinafter UNSC), this article seeks to examine whether the inclusion of ethics in the mechanism by which international law is implemented will be relatively useful. It explores whether ethical code can be incorporated into the mechanism by which international law is implemented, and if so, how can ethics enhance the existing rules and states' conduct? What role can ethics play in the justification of the use of force by the states, and what conclusion can be drawn from UNSC and states' practice? The article is divided into four sections. The first tries to explain the fundamental principles of ethics, while the second views international law in the conception of subject matter application and practice. The third section looks at Russia’s invasion of Ukraine and the UK/US invasion of Iraq. And the final part presents a philosophical conclusion on the subject matter. Keywords: Laws of War; Russia, Ukraine, Iraq and Ethics; International Law;

Формирование ценностей в международном праве: историко-правовой анализ

At present, in the transitional period of the evolution of the international legal system, it becomes more relevant than ever to turn to historical and legal studies of various aspects of the formation of international law, to search for political and legal constants, evolutionary regularities, legal traditions and, of course, legal values formed at previous stages, because it is they who keep the results of past legal activity and allow understanding and reforming the current legal systems, determining the conceptual vectors of development. Legal values, among other things, have a direct normative form. First of all, these are principles of law as basic principles reflecting the general format of legal regulation in a particular legal system at a particular stage of its development. Principles allow building a legal system in accordance with the (ideal) attitudes of society, their nonrecognition or ignoring leads to various kinds of conflict situations in society. Principles of law are designed to fulfil the axiological function, which consists in the fact that they include the understanding of values in law, in the legal system, legislate the basis of the legal ideal. International law, as well as national law, can certainly be considered as an object of value relation from the standpoint of the categories of good and evil, true and untrue, permissible or prohibited, just and unjust. International law as an independent legal system has been recognised since the 19th century, at the same time, as a result of the intensification of international relations, international law was actively developed. In parallel, the corresponding international legal values began to be formed, including those reflected in the principles of international law, which in this period have not yet been legally formalised, however, on the basis of the analysis of international legal relations can be formulated. In the author's opinion, such principles include the principle of co-operation, the principle of settling disputes by peaceful means, the prohibition of trade in Negroes, and the legal status of diplomatic representatives and consular agents. These principles are directly related to the international legal values that were in the process of formation. In the course of the conducted research it was established that in the XIX century, the period of active formation of international law, including the formation and formalisation of international legal values took place. Despite the fact that the considered legal values and relevant principles back in the XIX century, we cannot but note that they have their direct significance for modern international law. Moreover, international legal values are in direct relationship with the legal values of individual states and influence national legal systems and their values.

An Old Dilemma in Deep Seabed Mining: Free, Prior, and Informed Consent of Indigenous Peoples in Areas Beyond National Jurisdiction

Free, prior, and informed consent of Indigenous peoples (prior consent) is a principle of international law that requires states to consult and obtain the consent of Indigenous peoples before projects or legislation that may affect their rights are approved. This principle is applicable to land-based mining projects unfolding in lands titled to Indigenous peoples. The extractive industry's extension to the deep sea is imminent, with the promising but controversial prospect of critical minerals essential for the transition to renewable energy. The application of prior consent in deep seabed mining is open to question because these projects are being developed beyond Indigenous peoples’ territories and the impacts on their rights would primarily manifest indirectly. In this essay, I focus on the current plans to approve the new International Seabed Authority (ISA) mining code and to award grant exploration and exploitation contracts to mining companies. I put forward three arguments for why the consent principle applies to deep seabed mining projects. First, despite being developed outside lands titled to Indigenous peoples, mining projects can affect the rights of Indigenous peoples, and therefore, their consent is required. Second, the prior consent principle is applicable to deep seabed mining as a matter of treaty law under the International Labour Organization Indigenous and Tribal Peoples Convention No. 169. Finally, prior consent has the potential to qualify as a rule of international customary law applicable to the “specially affected states” with Indigenous populations under the United Nations Declaration on the Rights of Indigenous Peoples.

Crises of the international legal system and their role in developing principles and norms of international law: Retrospective analysis

The article examines the influence of international legal system crises on the establishment and advancement of generally recognized principles and norms of international law. It is shown that the causes of crisis phenomena in international law can include inconsistency of the norms of international treaties and customs with the proclaimed principles of international law, poor regulation of the critical issues of the world community’s life and its institutions; non-implementation of the enshrined principles because of the lack of political will or imperfection of international legal mechanisms. On the example of the principles of conscientious fulfillment of international obligations, the sovereign equality of states and respect for the rights inherent in sovereignty, non-intervention in the internal affairs of states enshrined in the 1945 United Nations Charter, it is shown how the principles undergo changes in different eras, resulting in shifts in emphasis and enabling the evolution of international legal regulation. The terminological discussions, which have spanned centuries, leading to a wide range of interpretations regarding the fundamental principles and norms of international law, including the concept of general recognition, are considered. It has been concluded that numerous principles of international law were established to address crisis situations in international legal affairs. However, sometimes, these principles can inadvertently exacerbate conflicts, as evidenced by the Europe-America tensions in the 19th century. The primary areas of development for the international law principles are revealed: the alignment of specific principles in different international law branches with generally recognized principles and norms, the interplay between principles across different international law branches, which is crucial for regulating a substantial portion of international legal relations and the consolidation of judicial practice from international justice bodies.

Beyond Legality: The Historical Disregard of the Principle of Legality and its Impact on Forced Marriage Prosecution in International Criminal Law

The principle of legality, a fundamental theme of international criminal law, emphasises that an individual should not be punished for an offence that is not defined by law. Increasingly, international criminal courts and tribunals are disregarding this principle through extending crimes by analogy, an approach that is not supported by the principles of international criminal law. One area where this approach is evident is in the prosecution of the crime of forced marriage, which has never been explicitly proscribed by any of the statues of international criminal tribunals/courts. This contribution first examines the views of the Nuremberg and Tokyo tribunals to come to grips with the latter’s approach to the principle of legality. Subsequently, a brief analysis of the International Criminal Court, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia is conducted to highlight a consistent pattern of disregarding the principle of legality. When compared to the Nuremberg and Tokyo tribunals, the approach of these three courts is unique in that the latter have not classified forced marriage as a distinct crime, choosing instead to include it under crimes against humanity, seemingly suggesting that the principle of legality is not undermined. However, this contribution underscores that this approach is still a violation of the principle of legality. It is argued that the extension of crimes against humanity by analogy represents a continuation of challenges observed by the Nuremberg and Tokyo tribunals concerning the disregard of the legality principle and that the ongoing prosecution of forced marriage in the absence of a specific criminal provision is a violation of this principle.

Evolutivni razvoj i međunarodnopravna regulativa plaćeništva

Mercenary, as a social phenomenon, is a constant companion of the historical development of humanity. There have always been, and still are, individuals, independently or organized in groups, who will offer their services of skills and knowledge of warfare on the world market. On the other hand, in the long series of centuries of human existence, almost everyone who had a sufficient amount of money and had a clearly expressed interest in and goal for such a thing hired individuals skilled in warrior skills and other knowledge and abilities that could be used on the battlefield for the realization of various economic, political, geo-economic, and geo-political goals of their employers. The use of private violence was brought under state control after the Peace of Westphalia in 1648, where regular military service is the key guarantor of the cumulative survival of the relevant elements of statehood, i.e. the exercise of sovereign powers. However, this did not abolish the practice of mercenary work, but changed it somewhat and adapted it to the new social circumstances. Through the process of social evolution, mercenary military units are transformed into efficient, highly profitable and modern corporate structures which employ diverse, highly qualified personnel, manage them, and provide a wide range of military and security services to various and numerous state and non-state entities - clients. For modern times, in this sense, the appearance and actions of mercenaries during the decolonization process-conventional mercenary formations, on the one hand, and private military companies as a sort of contemporary quasi-mercenary phenomenon which do not themselves fit into the glossary, on the other-are indicative of the socalled legal qualification of classic mercenaries as they are recognized and explained by the key international documents in the field. The very emergence of private military companies led to a fundamental disruption in the perception of the term mercenary. It is no longer contained by, nor capable of being a strictly individual phenomenon. Also, over time, private individuals, multinational corporations, and even internationa organizations are becoming more and more prevalent among the interested parties seeking to hire mercenary services, in addition to the state and its agents. International documents pertinent to the mercenary issue are Supplementary Protocol I (from 1977) and two conventions specifically created for this issue-the UN Convention against the Recruitment, Use, Financing, and Training of Mercenaries (from 1989) and the Convention of the Organization of African Unity for the Elimination of Mercenaries in Africa (from 1977). In these documents, mercenaries are "stigmatized" as the only entity of interest in international humanitarian law devoid of any legal protection within that particular subsystem of international law. However, the definition of a mercenary is quite restrictive. The provisions concerning the conditions and circumstances under which a person can be treated, that is, declared a mercenary, are difficult to apply in practice. Due to the restrictive nature of their "defining" aspects, the existing rules on mercenaries are difficult to apply in practice and make it difficult to achieve the ultimate goal of those international documents, which is to suppress and prosecute perpetrators of incriminated mercenary behavior and mercenary practices. On the other hand, the mercenary category is not very helpful when it comes to the qualification and legal positioning of private military companies as international corporate enterprises, which include various military potentials, military or paramilitary assets, personal skills and specialties of the employed personnel, and whose main goal is to make a profit, i.e. profit. Although they are often defined as mercenaries in public discourse, private military companies deviate from representations shaped by reminiscences from the distant and recent past, primarily military mercenaries from the Middle Ages, times of religious wars, colonial conquests, and participants in post-colonial wars of the 20th century, which were particularly infamous for violating international humanitarian law and human rights during the suppression of national liberation movements on African and Asian soil. The key difference between conventional mercenaries and private military companies, apart from the fact that mercenaries are criminalized by the provisions of international humanitarian law, is the existence of a corporate element in the provision of military services. This security sector is still not precisely defined and legally shaped, but it is undoubtedly influenced by the fundamental principles of international humanitarian law and other subsets of the international law system that would be directly or indirectly involved in the activities of these organizations or their employees in such delicate and important areas of international life as security and the use of force in international relations are.