THE PRACTICE OF CRIMINAL RESPONSIBILITY FOR GENOCIDE

Authors

DOI:

https://doi.org/10.32999/ksu2307-8049/2024-3-3

Keywords:

genocide, criminal responsibility, international law

Abstract

The purpose of this article is to study the practice of criminal responsibility for genocide.Methods. In order to achieve the declared goal and obtain the appropriate research results, the following set of methods was used: logical-legal method, comparative-legal method, historical-legal method, normativedogmaticmethod, etc. Results and conclusions. Criminal responsibility for genocide at the internationallevel was formed during three periods (Nuremberg, post-Nuremberg, Hague, Rome period) and is basedon two fundamental international NPAs, the Convention on the Prevention and Punishment of the Crimeof Genocide (1948) and the Rome Statute of the ICC (1998), which contain the definition and compositionof the crime of genocide, the rules of immunity for the commission of genocide by state officials, the obligationsof the participating states to prevent genocide, the mechanism of real responsibility for the commissionof genocide and taking preventive measures to prevent it. It was noted that criminal responsibility for crimesof genocide also involves responsibility at the level of states that have implemented the norms of internationallaw in this area, created a system of national legislation to regulate the issue of criminal responsibility for crimesof genocide, determined the procedure for interaction with the International Criminal Court and recognizedits powers. Some of the countries that have ratified the relevant normative legal acts in the field of criminalresponsibility for crimes have introduced the principle of universal responsibility into national legislation,which allows for the investigation of crimes of genocide and the prosecution of those responsible for theircommission, including and in the event of the crime of genocide being committed on the territory of anotherstate and in the event that the victims or suspects are citizens of a foreign state.

Published

2024-09-11

Issue

Section

SECTION 3 CRIMINAL PROCESS AND FORENSIC SCIENCE; FORENSIC EXAMINATION