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Articoli di riviste sul tema "Crime and war"

Autore: Grafiati

Pubblicato: 29 luglio 2024

Ultima modifica: 31 luglio 2025

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1

Plakhtii, V. M., О. А. Leonenko, and M. V. Kravets. "DEVELOPMENT OF THE INSTITUTE OF CRIMINAL RESPONSIBILITY OF MILITARY SERVANTS AS ONE OF THE ELEMENTS OF COUNTRY SECURITY." Scientific Herald of Sivershchyna. Series: Law 2022, no. 1 (2022): 103–13. http://dx.doi.org/10.32755/sjlaw.2022.01.103.

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The article is devoted to the study of international legal aspects of the settlement of crimes related to military service and crimes committed during hostilities. The analysis of the international legislation and the legislation of Ukraine, their evolution and development in different periods of history concerning the essence of war crimes is carried out. In addition, it was noted that there are problems in defining the term crime, which in modern criminal law does not have a generally accepted definition. The most popular view is that crime is a category created by law. Therefore, a crime is

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2

Allahverdiyev, Alovsat. "Criminological specificity of war crimes, their difference from crimes against humanity and genocide." Journal of the National Institute of Justice, no. 4(67) (February 2024): 54–60. http://dx.doi.org/10.52277/1857-2405.2023.4(67).08.

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At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6,

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3

Zubanskiy, M. K. "The concept and composition of war crimes in the context of international criminal law." Actual problems of improving of current legislation of Ukraine, no. 58 (February 28, 2022): 47–56. http://dx.doi.org/10.15330/apiclu.58.47-56.

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The article conducts a comprehensive study of the legal category of «War Crimes» in the context of the provisions of international criminal law and international regulations. To date, the concept of war crime has not received clear legal regulation in the provisions of international law, but has become widespread and applied in practice a list of acts that are recognized as war crimes under the Rome Statute of the International Criminal Court and the Geneva Convention.A full analysis of the category of «war crime» is impossible without studying the legal features of war crimes based on the pro

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Krychun, Yu. "WAR AND MILITARY CRIMES IN CRIMINAL LAW OF UKRAINE: FEATURES AND RELATIONSHIP WITH INTERNATIONAL CRIMINAL LAW AND FOREIGN LEGISLATION." Scientific Notes Series Law 1, no. 13 (2023): 109–14. http://dx.doi.org/10.36550/2522-9230-2022-13-109-114.

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The study deals with the conceptual and categorical apparatus of the field of criminal law, which relates to military and war crimes. It is noted that the concept of a war crime became enshrined in international legal acts relatively recently, namely in 1945 in the Statute of the Nuremberg Tribunal, but certain rules related to the prevention of war crimes existed from the time of the ancient slave-owning states of civilizations. The main norms regarding war crimes in the first modern sense of the codified act on the rules of war, the status of war victims, the rules of hostilities, namely the

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5

Eldridge, Claire, and Julie M. Powell. "War/Crime." French Historical Studies 47, no. 2 (2024): 171–85. http://dx.doi.org/10.1215/00161071-11025095.

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6

Odigwe, Chibuzo. "War crime." BMJ 328, Suppl S5 (2004): 0405202. http://dx.doi.org/10.1136/sbmj.0405202.

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7

Bondarenko, Ye. "Addressing war crimes in Ukraine: international response, accountability and the path to reparations for violations committed as a result of russian aggression." Uzhhorod National University Herald. Series: Law 4, no. 85 (2024): 215–19. http://dx.doi.org/10.24144/2307-3322.2024.85.4.31.

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It is indicated that russia’s aggression against Ukraine, which began in 2014 with the annexation of Crimea by the russian federation, has since intensified significantly, especially after the large-scale invasion of russia in February 2022. This armed aggression of the russian federation against Ukraine led to a serious humanitarian crisis, serious violations of international humanitarian law (IHL), international criminal law (ICC) and international human rights law (IHRC). The article explores the international legal responses to russia’s ongoing aggression against Ukraine, beginning with th

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8

Ghosh, Arnab Kumar. "War Crimes and Crime of Genocide: Does the Laws really prevent Crimes in the Modern Society." International Journal for Research in Applied Science and Engineering Technology 10, no. 5 (2022): 4452–61. http://dx.doi.org/10.22214/ijraset.2022.43428.

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Abstract: The term Genocide and War Crimes is as old as the existence of the first social groups formed in human society which started happening throughout the generation. Each of those concepts has followed its own path and definition but sometimes there are considerable overlaps among them. These overlaps require progressive codification where both confirmed and reaffirmed in an effort to stop and punish the commission of such acts. It’s a very obvious question when the term war crime was used for the first time and when the first war crimes were committed during history by some famous empir

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9

Fierieva, Natalia. "DIFFERENTIATION THE CRIME ACCORDING TO THE ART.405 OF THE CRIMINAL CODE OF UKRAINE WITH OTHER RELATED CRIMES AND OFFENSES." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 196–208. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-18.

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The article analyzes separate issues of the qualification of a war crime, provided for in Art. 405 («Threat or violence against a superior») of the Criminal Code of Ukraine. It considers a military crime, which provides for criminal liability in case of encroachment by subordinates on superiors and commanders in connection with their performance of military service duties. At the same time, judicial statistics maintained by the State Judicial Administration of Ukraine shows that with the beginning of hostilities in the East of Ukraine, the level of military crime has significantly increased, i

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Sokurenko, Vitalii. "Military-Aggressive Crime as A Subject of War Criminology." Archives des Sciences 74, no. 2 (2024): 133–39. http://dx.doi.org/10.62227/as/74219.

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The article is devoted to the study of military-aggressive crime as a subject of war criminology. It is established that military-aggressive crime is an extensive system of criminal practices based on crimes of aggression. Armed aggression against Ukraine as a foreign policy manifestation and consequence of the functioning of the Russian fascist political regime has as its consequence and accompanying manifestations a number of violent war crimes, crimes against humanity, as well as genocidal practices. They determine a backlash in the form of a system of violent war-related crimes. On this ba

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11

Bundz, Rostyslav. "White-Collar Crime During the War." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 44 (2024): 15–20. https://doi.org/10.23939/law2024.44.015.

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Abstract. The article focuses on the issue of white-collar crime, examining its pervasive and harmful impact on society, especially during periods of social and political instability. White-collar crime typically involves offenses committed by individuals in high-status positions—such as business executives, government officials, and politicians—who exploit their social standing and access to resources for personal or financial gain. These crimes often include actions like economic fraud, bribery, and tax evasion, which erode the foundations of trust, integrity, and transparency in public and

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12

Bundz, Rostyslav, and Diana Yarovyk. "War crimes in criminal law of Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (2023): 162–67. http://dx.doi.org/10.23939/law2023.39.162.

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The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the probl

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13

Cataleta, Maria Stefania. "The crime of aggression in the Ukrainian war." europa ethnica 79, no. 3-4 (2022): 142–45. http://dx.doi.org/10.24989/0014-2492-2022-34-142.

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The prosecutability of Putin for the crime of aggression against Ukraine raises procedural issues. The ICC has not jurisdiction for the crime of aggression in the Ukrainian war, except for genocide, crimes against humanity and war crimes. All these crimes have been abundantly documented also by media. The Russian military attack against Ukraine does not need evidence, it is in re ipsa. However, the possibilities of effectively launching an investigation for such conduct are few and uncertain.

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Kvasha, Oksana, and Babanly Rasim. "International crimes in the conditions of war in Ukraine: problems of justice and criminal justice." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 485–95. http://dx.doi.org/10.33663/1563-3349-2023-34-485-495.

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Introduction. Ukraine's victory in the on going war against Russia depends, among other things, on the mobilization of the entire domestic criminal justice system for effective investigation and prosecution of those guilty of crimes against the Ukrainian people. Russia's aggression in Europe did not begin in 2022 with a full-scale invasion of Ukraine, and not even in 2014 with the annexation of the Autonomous Republic of Crimea and the occupation of part of the Donetsk and Luhansk regions, but in 2008,when military operations were launched in Georgia. Unfortunately, neither in 2008 nor in 2014

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Felbab-Brown, Vanda. "Crime–War Battlefields." Survival 55, no. 3 (2013): 147–66. http://dx.doi.org/10.1080/00396338.2013.802859.

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Hołyst, Brunon. "War and Crime." Dialectics and Humanism 16, no. 3 (1989): 163–71. https://doi.org/10.5840/dialecticshumanism1989163/458.

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Šimić, Goran, and Amila Ferhatović. "PARAMILITARY AND WAR CRIMES COMMITTED IN BOSNIA AND HERZEGOVINA / PARAVOJNE JEDINICE I RATNI ZLOČINI POČINJENI U BOSNI I HERCEGOVINI." Pregled: časopis za društvena pitanja / Periodical for social issues 64, no. 1 (2023): 3–17. http://dx.doi.org/10.48052/19865244.2023.1.2.3.

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The last armed conflict in Bosnia and Herzegovina, which took place between 1992 and 1995, was a bloody one. Not only was lots of real blood were spilled, but metaphorically speaking, it resulted in millions of displaced persons, hundreds of mass graves, hundreds of places of detention, hundreds of thousands of prisoners of war, hundreds of thousands of tortured and destroyed lives. During the aftermath of the war, around 700 war crime cases were prosecuted, spanning one thousand defendants, and including all possible war crimes, including genocide. These war crime trials could be observed fro

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18

Mohammad, Rasikh Wasiq. "Conceivable Commission of War Crime in Afghanistan." Indian Journal of Law and Legal Research 5, no. 1 (2023): 1–12. https://doi.org/10.5281/zenodo.7606228.

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When armies are engaged in combat, war crimes are defined as violations of the law of war. It is a broad conception, and any harm done to humanity in a time of peace is viewed as a war crime. War crimes include any form of human rights violation. For a few decades, the suffering of Afghans was overlooked by the outside world, but it is now unacceptable that Afghanistan's leadership is following suit. There is no comprehensive genocide law in Afghanistan. War crimes in Afghanistan included things like mistreating civilians or POWs. The issue of genocide and associated violence must be addre

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19

Krzysztof Krajewski. "Crime in second Polish Republic in the light of statistical data." Archives of Criminology, no. XXXIV (January 1, 2012): 531–67. http://dx.doi.org/10.7420/ak2012m.

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After Poland regained independence in 1918, the system of crime statistics had to be organised from scratch and unified. At the same time, until new criminal code became effective, there were three criminal laws each of them with different scopes and forms of criminalization. Because of this in 1924 – 1934, crime statistics were based on classification drafted by the State Police Headquarters. Only since 1934 the statistics were base on the classification of the new criminal code. There was also a problem of separating statistical data concerning more serious crimes, defined by L. Radzinowicz

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20

Storchi, Alessandro. "Sexual Slavery as a War Crime: A Reform Proposal." Michigan Journal of International Law, no. 42.2 (2021): 369. http://dx.doi.org/10.36642/mjil.42.2.sexual.

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For the first time in the history of international criminal law, the ICC Elements of Crimes included a statutory definition of sexual slavery as a war crime and as a crime against humanity. Such definition is derived from, and in fact almost identical to, the definition of enslavement in the same text. In July 2019, that language for the first time was adopted and applied in the conviction of general Bosco Ntaganda, the first ever conviction for sexual slavery as a war crime and as a crime against humanity at the ICC, as part of the situation in the Democratic Republic of Congo. This note argu

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21

Oikya, Upal Aditya. "Wartime Sexual Acts as Prosecutable War Crimes." DÍKÉ 2020, no. 2 (2021): 108–23. http://dx.doi.org/10.15170/dike.2020.04.02.08.

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Human history is littered with the mass rape of women particularly as a military strategy in warfare, dating back centuries from ancient Greek, Roman, and Hebrew concubines through the Middle Ages to the 20th century ‘comfort women’ of the 2nd World War. Ancient literature explicitly refers to rape or the seizure of vanquished women, who were regarded as the enemy’s property, to become wives, servants slaves, or concubines. The plight of women worsened in the twentieth century when civilian women suffered the most consequences of armed conflicts including rape. Rape served as an oppressive and

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22

McGregor, Rafe. "A Literary Aesthetics of War Crime." Croatian journal of philosophy 21, no. 61 (2021): 135–53. http://dx.doi.org/10.52685/cjp.21.1.8.

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In order to develop a literary aesthetics of war crime, I examine the phenomenon of moral immunity in military memoir. Using three paradigmatic examples of memoirs of unjust wars characterised by the routine perpetration of war crimes, I argue that moral immunity is achieved by means of three literary devices: literary irresponsibility, ethical peerage, and moral economy. I then employ the proposed literary aesthetics of war crime to provide an answer to the perennial question of the relationship between literature and morality as well as to two specific instantiations of this question, the va

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23

Sayed, Qudrat Hashimy. "Analysis of the United States' Liability for War Crime in Afghanistan." Indian Journal of Law and Legal Research 3, no. 1 (2022): 1–16. https://doi.org/10.5281/zenodo.6673939.

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There is no statistical report about the war crime committed in Afghanistan from 1978- to 2021. This paper analyzes the United States’ liability for war crimes in Afghanistan. This issue has been in public for over 20 years but has gained relevance in 2021 due to their decision to withdraw troops from the country. The Article analyzes what the ICC deems a war crime per the Rome statute. It involves a jurisprudential overview of various decisions of the ICC to develop a working understanding of war crimes. Similarly, it inquiries into specific actions carried out by the United States Gove

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Simeunovic-Patic, Biljana, and Vesna Nikolic-Ristanovic. "Deconstruction of organised crime and research of war victimisation." Temida 27, no. 1 (2024): 7–27. http://dx.doi.org/10.2298/tem2401007s.

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There are many indications that various aspects and factors of large-scale war victimization could be made visible through the collection and analyses of data on organized crime in post-conflict societies. War victimisation could be understood as an outcome of opportunistic criminal activity: war conditions offer the unique opportunity to criminals and criminal groups (especially those involved in military or paramilitary formations) not only to restrain their destructive personal potentials but also to attain a new identity as ?national heroes? and gain a significantly better economic positio

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Klymenko, S. V. "Іnternational and foreign practice of compensation for war crimes". Uzhhorod National University Herald. Series: Law 3, № 83 (2024): 358–64. http://dx.doi.org/10.24144/2307-3322.2024.83.3.56.

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The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the

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Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.

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Martin, Theodore. "War-on-Crime Fiction." PMLA/Publications of the Modern Language Association of America 136, no. 2 (2021): 213–28. http://dx.doi.org/10.1632/s003081292100002x.

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AbstractThis essay tells the story of how the War on Crime helped remake American crime fiction in the 1960s and 1970s. Amid starkly racialized public anxieties about rising crime rates and urban uprisings, Lyndon B. Johnson officially launched the War on Crime in 1965. The cultural logic of Johnson's crime war infiltrated various kinds of crime writing in the ensuing decade. Tracking the crime war's influence on the police procedurals of Joseph Wambaugh; the Black radical novels of Sam Greenlee, John A. Williams, and John Edgar Wideman; and the vigilante fiction of Donald Goines and Brian Gar

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Guevara Bermúdez, José Antonio, and Lucía Guadalupe Chávez Vargas. "La impunidad en el contexto de la desaparición forzada en México = Impunity in the context of enforced disappearance in Mexico." EUNOMÍA. Revista en Cultura de la Legalidad, no. 14 (March 19, 2018): 162. http://dx.doi.org/10.20318/eunomia.2018.4161.

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Resumen: La impunidad se define como la ausencia de castigo a los responsables de cometer delitos. En el caso de México, destaca la impunidad por el crimen de desaparición forzada de personas. La desaparición forzada se ha manifestado en México al menos en tres periodos: la Guerra Sucia, el conflicto Zapatista y la guerra contra las drogas. Los crímenes que se han cometido en esos contextos permanecen sin castigo, por lo que las víctimas permanecen sin ser reparadas de manera integral.El artículo busca dimensionar el caso mexicano sobre el crimen de la desaparición forzada a la luz de los elem

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Krychun, Yuriy. "War crime in the conditions of the Joint Forces Operation: a criminological description." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 179–85. http://dx.doi.org/10.31733/2078-3566-2020-3-179-185.

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The article is devoted to the study of the concept of war crime and analysis of its forensic characteristics. The study analyzed the concepts of crime, war crime and the probable reasons for their commission. It is determined that military service is an extremely important type of activity, as it is designed to ensure state security and protection of the state border of Ukraine. The main military formation in Ukraine is the Armed Forces of Ukraine, the procedure of which is determined by the relevant legislation, according to which the Armed Forces is an independent state and legal institution

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Manjula, .N.S, and (Dr.) Maruthi T.R Prof. "International Criminal Court's Authority In War Crimes: Legal Personality Insights." Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL) 2 (May 2, 2025): 299–311. https://doi.org/10.5281/zenodo.15329612.

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<em>he International Criminal Court’s(ICC)legal personality is established by the Treaty - Rome Statute</em><strong><em><u>[1]</u></em></strong><em>, to establish “jurisdiction over individual for most serious crimes concerned to the international community such as war crimes, genocide, crime of aggression, and crimes against humanity</em><strong><em><u>[2]</u></em></strong><em>.International legal personality is the ability of an entity to have rights and responsibilities within a legal system</em><strong><em><u>[3]</u></em></strong><em>. For the ICC, this means it has the au

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Prashad, Ritesh. "Reducing Genocide to Law Definition, Meaning, and the Ultimate Crime By Payam Alhavan." Jindal Journal of International Affairs 3, no. 1 (2013): 169–77. http://dx.doi.org/10.54945/jjia.v3i1.45.

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Who will say that 'genocide is not an ultimate crime'? Here is an author who thinks reasonably different and challenges the authority of such labelling in the international criminal law. He argues that as per taxonomy of crime genocide , as it sounds to be barbarous, monstrous, and as a crime of crimes, can be placed on equal footing with war crimes and crimes against humanity. He questions the jurisprudential veracity and power of the word genocide and argues that its genesis is beyond criminal jurisprudence

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Baly, Monica. "Nazi war crime nurses." Nursing Standard 5, no. 27 (1991): 41. http://dx.doi.org/10.7748/ns.5.27.41.s47.

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Pannocchia, David. "War, Crime and Disease." Groundings Undergraduate 9 (April 1, 2016): 72–87. http://dx.doi.org/10.36399/groundingsug.9.199.

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Since 9/11 and the declaration of the War on Terror, terrorism has featured prominently in the 21st century security agenda. As a result, a wide range of counterterrorist measures have been developed in order to provide security in states across the globe. Yet their intensification, while ostensibly diminishing one threat, has arguably increased the threat to another: civil liberties. By adopting Sederberg’s typology of counterterrorist measures into war, crime and disease approaches, the following analysis seeks to determine the degree to which they alter the balance between security and libe

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Kvasha, O. O. "Actual problems of the criminal and legal policy of Ukraine in the conditions of war." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 41–47. http://dx.doi.org/10.33663/2524-017x-2023-14-41-47.

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Scientific research in the field of criminal and legal counteraction to corruption should be aimed at achieving such a result as minimizing the causes and conditions of corruption and corruption-related offenses, reducing their destructive impact on the already weakened economy, as well as the welfare of the Ukrainian population, the inevitability of being drawn to criminal liability of all persons involved in corruption. The norms on collaborationism, which were adopted in a hurry, have already been criticized by domestic scientists and need improvement. After the de-occupation of all our ter

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Jug, Jadranko. "Odgovornost za štetu i naknada štete počinjene ratnim zločinom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 601–28. http://dx.doi.org/10.30925/zpfsr.39.1.20.

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<span>War crimes are the most serious criminal offences, which in terms of their characteristics are related to violations of the rules of international law during a war, armed conflict and occupation. One of the consequences of the commission of war crimes is material and non-material harm, caused as a rule to a large number of people. Therefore liability for damages and reparation of the harm caused to the victims of war crimes is equally as important as the criminal prosecution of the perpetrators themselves. In the territory of the Republic of Croatia and neighbouring Bosnia and Herz

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Potemkina, M. N. "ECONOMIC CRIME IN MAGNITOGORSK DURING THE GREAT PATRIOTIC WAR: THE INFORMATION CAPACITY OF HISTORICAL SOURCES." Bulletin of Udmurt University. Series History and Philology 29, no. 4 (2019): 656–59. http://dx.doi.org/10.35634/2412-9534-2019-29-4-656-659.

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The sources on the history of economic crime during the Great Patriotic War are considered in this article. They relate to an important industrial rear town - Magnitogorsk. The documentary materials of central and local archives, as well as publications in the local press of the war period, containing information that can be used for scientific purposes to study the problems of economic crime in the Soviet rear under extreme conditions of war, are examined. The revealed materials contain statistical data, descriptions of various types of economic crimes, analysis of the factors of their reprod

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Antoniuk, Natalia, and Anatoliy Miroshnychenko. "Problematic issues of commanders' responsibility for war crimes." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 6–15. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-1.

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This article examines the issue of criminal liability of enemy commanders for war crimes. Two possible instances of commanders' participation in the commission of war crimes are identified: 1) direct commission of a war crime; 2) omission of the commander who did not directly commit a war crime, did not give orders to his subordinates to perform certain actions. The second instance is covered by the term «command responsibility», which extends to the commander's responsibility for omission. Under command responsibility a commander must be held responsible for failure to exercise proper control

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Zhang, Beixiang. "On the development and research of crimes against humanity in international criminal Law." Academic Journal of Management and Social Sciences 2, no. 1 (2023): 72–75. http://dx.doi.org/10.54097/ajmss.v2i1.6373.

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Abstract (sommario):

After World War II, international crimes against humanity were officially established. And it is on its way to becoming an international crime. Therefore, at present, crime against humanity is still in the development stage, and its concept is not perfect enough. Many relevant systems are not clear enough. For example, in crime against humanity, many behaviors cannot be interfered by domestic and foreign criminal laws, so how to judge whether a crime or an act should be under domestic jurisdiction or international jurisdiction? There needs to be a clear institutional demarcation line within th

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39

Lysenko, A. O., and G. I. Pishchenko. "Status, structure and trends of mercenary crimes under martial law in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 645–50. https://doi.org/10.24144/2788-6018.2025.01.107.

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Abstract (sommario):

According to the doctrine of natural law, every person has a set of inalienable and inviolable rights, including the right to life, security, freedom, equality and property. These and other natural rights are recognized in Ukraine as the highest social value and are enshrined in the Basic Law of the country. It is especially important to emphasize these rights, since during the war they become the main targets for internal and external crime, in particular as a result of the actions of the Russian aggressor. It has been established that mercenary crimes committed in conditions of martial law o

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40

Andrukhiv, Oleh. "Legal assessment of russian crimes in Ukraine." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 17(29) (June 12, 2024): 19–24. http://dx.doi.org/10.33098/2078-6670.2024.17.29.19-24.

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Abstract (sommario):

Purpose. The purpose of our research is to form a legal assessment of Russian war crimes in Ukraine, including on the basis of the historical retrospective of human rights violations that took place in the Soviet era. Method. The methodology includes the complex use of scientific approaches and principles, as well as general scientific, philosophical and special scientific methods. Results. It was established that during the more than ten-year period of Russia's military aggression against Ukraine, many violations in the field of international law were committed, related to the violation of hu

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41

Alemu, Muauz Gidey, and Mulugeta Gebrehiwot Berhe. "“Your Womb is Our Enemy!”." Journal of BRICS Studies 3, no. 1 (2024): 42–60. http://dx.doi.org/10.36615/rd8sjp28.

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War crimes, crimes against humanity and genocide were committed in the war in Tigray. This article focuses on the use of sexual violence as an instrument of war. It narrates the scale, nature, and intentions of the sexual violence perpetrated on Tigrayan women, girls, men and boys. It showcases the extreme cruelty, dehumanization and intent to sterilize and inflict maximum damage from stories of victims and witnesses. It compares them with the rape crimes committed in other cases and concludes the nature of the crime was genocidal.

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Dragonenko, A. "CONCEPTS AND SIGNS OF WAR CRIMES IN INTERNATIONAL CRIMINAL LAW." Scientific Notes Series Law 1, no. 12 (2022): 151–57. http://dx.doi.org/10.36550/2522-9230-2022-12-151-157.

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Abstract (sommario):

The article examines the norms of current international criminal law, from the standpoint of the lack of a conceptual definition of the concept of "war crimes", which, in turn, is a gap in international law. Considering war crimes from the current point of view, given the accumulated positive scientific achievements and law enforcement practice, it is reasonable to define them as gross violations of international humanitarian law committed during armed conflicts (international and non-international), entailing individual criminal responsibility for international right. It is clarified that war

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43

OVCHINNIKOV, R. "War crimes: legal regulation and ways to improve the criminal legislation of Ukraine." INFORMATION AND LAW, no. 4(23) (December 14, 2017): 122–27. http://dx.doi.org/10.37750/2616-6798.2017.4(23).273133.

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Abstract (sommario):

The article will interpret the concept of a war crime, the types of these crimes and the responsibility for their commission. The views of different scholars on the legal regulation of criminal legislation on this topic are analyzed and ways of improvement are considered. The attention is also concentrated on the problems of the application of criminal law in relation to war crimes.

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Marchesi, Diletta. "The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements." Israel Law Review 54, no. 2 (2021): 174–204. http://dx.doi.org/10.1017/s0021223721000030.

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Abstract (sommario):

In July 2020 the International Criminal Court opened the trial in the Al Hassan case. For the first time in the history of international criminal justice a defendant is being tried with the charge of the war crime of sentencing or execution without due process in the context of a non-international armed conflict. Together with its equivalent in international armed conflicts – the war crime of denying a fair trial – this offence falls within the category of the war crimes of denying judicial guarantees. Although there are differences in their constitutive elements, both offences prohibit states

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45

Joy Odoyo Ajayi, Motunrayo Tolani Omidiora, George Addo, and Amina Catherine Peter-Anyebe. "PROSECUTABILITY OF THE CRIME OF AGGRESSION: ANOTHER DECLARATION IN A TREATY OR AN ACHIEVABLE NORM?" International Journal of Applied Research in Social Sciences 1, no. 6 (2019): 237–52. https://doi.org/10.51594/ijarss.v1i6.1973.

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Abstract (sommario):

This review critically examines the prosecutability of the crime of aggression under international criminal law, questioning whether it functions as a tangible legal norm or remains a declaratory provision lacking enforceability. Tracing its historical roots from the Nuremberg Trials through the Rome Statute and the Kampala Amendments, the paper explores the legal definition, jurisdictional framework, and implementation challenges that distinguish aggression from other core international crimes. It analyzes the interplay between state sovereignty, political will, and institutional limitations

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Hasballah, Belal Ali Abu. "The Crime of Displacement and Forced Eviction in Light of the Provisions of International Criminal Law "An Applied Study on the Israeli War on Gaza 2023-2024"." International Journal Papier Public Review 5, no. 4 (2024): 133–44. https://doi.org/10.47667/ijppr.v5i4.340.

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Abstract (sommario):

The study discusses the crime of forced displacement and eviction in light of the provisions of international criminal law, applied to the Israeli war on the Gaza Strip 2023-2024, where we initially discussed the concept of the crime of forced displacement and eviction and the difference between them and distinguishing them from other terms, and then we talked about the crime of forced displacement and eviction in light of the provisions of international law, and we concluded that the crime of forced displacement and eviction constitute a war crime and a crime against humanity according to the

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47

Kestenbaum, Jocelyn Getgen. "All Roads Lead to Rome Combating Impunity for Perpetration of Slave Trade and Slavery Crimes." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 5, no. 1 (2024): 177–202. http://dx.doi.org/10.7590/266644724x17174924229768.

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Abstract (sommario):

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo's Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the Un

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48

Angel Hernández, Greta E. "Terror through rape: Sexual violence inflicted in the context of the Mexican drug war." Civitas Hominibus. Rocznik Filozoficzno-Społeczny 18 (November 16, 2023): 61–72. http://dx.doi.org/10.25312/2391-5145.18/2023_05ga.

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Abstract (sommario):

This essay examines the violent conflict between the Mexican government and cartels operating inside Mexico, which is still not legally recognized as a war. The result is the inability to punish soldiers-aggressors who commit rape as an official crime against humanity. Keywords: sexual violence, war crimes, conflict, feminism

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49

Franco, Jean. "Rape and Human Rights." PMLA/Publications of the Modern Language Association of America 121, no. 5 (2006): 1662–64. http://dx.doi.org/10.1632/pmla.2006.121.5.1662.

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Abstract (sommario):

According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during

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50

Kalyvas, Stathis N. "How Civil Wars Help Explain Organized Crime—and How They Do Not." Journal of Conflict Resolution 59, no. 8 (2015): 1517–40. http://dx.doi.org/10.1177/0022002715587101.

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Abstract (sommario):

Large-scale organized crime occupies a gray zone between ordinary crime and political violence. The unprecedented scale of drug-related crime in Mexico has led to its description as an insurgency or even a civil war, a conceptual move that draws on recent studies that have associated civil war with large-scale criminality. By questioning both the “crime as civil war” and “civil war as crime” models, I argue that instead of folding the two phenomena, we should draw primarily from the micro-dynamics of civil war research program to identify areas of potentially productive cross-fertilization. I

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