Crimes against peace, security of humanity and international rights in international criminal law
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article deals with issues of international legal qualification of crimes against peace in the framework of international criminal law, peculiarities of forming a conceptual model of crimes against peace and the problem of improving Ukrainian criminal legislation in this sphere. The current complex geopolitical situation shows that the political and legal protection of international peace and security of mankind as a whole has not yet reached perfection. The international community evaluated some acts of states as criminal, violating the interests of an individual state and endangering the world order of law. Recognition of international norms and principles imperative obliges to adhere to them. The current norms and principles enshrined in international and Ukrainian criminal law relating to the regulation of crimes against peace are not without gaps and uncertainties, in particular as regards the uncertainty of such an element as the subject of a crime; the dilemma is also in the criminalization of an aggressive war as a crime against peace, the problem of demarcation at the regulatory level of the categories “aggression” and “aggressive war”, etc. Therefore, the study of international experience in international legal regulation of crimes against peace will reveal legislative defects in the legal construction of crimes against peace and outline ways of cooperation between states on the prevention and counteraction of such criminal acts. International crimes have a very negative effect on human development, international law and order and national security, therefore interstate cooperation is necessary in preventing and combating this type of crime.
Authors and Affiliations
Ю. С. РЕЗНІК
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