Criminal Liability for War Crimes in Execution of an Illegal Order: Legal Assessment and Problems of Legislative Regulation
Year: 2024
Type: article
Abstract: War crimes are the most socially dangerous acts, recognized as such by the entire world community. Criminal liability for their commission is established both by the norms of international law and national criminal legislation. Often such acts are committed by persons who are subordinate and obligated to fulfill the requirements of the given order. The article conducts a study of the features of bringing to criminal liability under the legislation of the Russian Federation for committing war crimes in the case of execution of an illegal order. The author pays special attention to the analysis of the terminology used and its interpretation to the norms of criminal law, as well as its use by law enforcement officers in the classification of war crimes. The work contains a description of the concept of smart bayonets, historical features of its formation and its enshrinement in national law. The criteria for the criminality of the given order and the specifics of the responsibility of the performer of the criminal order are revealed. The study is based on the study of international law and national legislation, a comparative analysis of their formulations and interpretation. An analysis was also carried out of the theoretical approaches of Russian scientists to the understanding of the term «order», the criteria for its mandatory nature and admissibility of execution. Special attention is paid to the peculiarities of regulating military relations. The result of the study is the author’s recommendations regarding improving the norms of Russian criminal legislation on the issue of bringing to criminal responsibility for war crimes committed within the framework of the given order. The author notes the need to introduce additional provisions into the content of Art. 42 of the Criminal Code of the Russian Federation. In particular, it is specified that a war crime may be the execution of an illegal order of officials of the civil state or municipal service, in whose subordination the performer is.
Source: Academic Law Journal
Author: Valentina Lisauskaite
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410838208