Last Updated on November 18, 2020 by LawEuro
As recent events in Syria and Ukraine show, deep social cataclysms begin with primary unlawful acts against security, such as riots, calls for violent, terrorist methods of fighting power and justifying such methods.
These circumstances did not remain outside the field of attention of the Russian legislator. In recent years, many amendments have been made to the criminal law, especially with regard to unlawful acts against public safety; many acts are now criminalized. An important role in this is played by international criminal law means of ensuring security. The importance of the study of these norms of international criminal law is due to their generally accepted nature, the fact that they give directions to the direction of national criminal law systems.
At present, an understanding of the composition of the genocide has developed in the world. However, the national legislation of states contains differences in the characteristics of this crime, including in comparison with the 1948 Convention. Since genocide is an international crime and is within the jurisdiction of the International Criminal Court, it seems necessary to unify its concept to ensure the work of the court. Crimes against humanity also include murder, enslavement, deportation, serious (…) crimes and other prosecution if it is committed as part of the widespread and systematic use of force against the civilian population. This unites them with the notion of genocide.
It was also found that the qualifications of “terrorism” as an international crime in the meaning of delicta juris gentium do not exist, and terrorism as such is not considered a war crime or a crime against humanity. One of the reasons for this is the absence so far of a general international agreement on the definition of the term “terrorism”. In addition, the statutes of the various tribunals do not qualify terrorism as a special form of crime (sui generis). Nevertheless, individual acts of terrorism may still fall under the category of war crimes or crimes against humanity, if they meet the criteria contained in the provisions prohibiting such crimes. In addition, disproportionate illegal measures taken by the state in response to terrorism may also entail individual criminal responsibility and be equated to acts that fall under the definition of international crimes.
From this it follows that the object of the study is determined by public relations arising from the application of international criminal law, having security as its object of protection. And the subject of the study was the norms of international criminal law, the norms of criminal legislation of individual states, as well as the works of researchers in the field of international criminal law.
As a result of the study, the following conclusions were obtained.
From the point of view of international criminal law, the general concept of security as an object of criminal law protection of the norms of international criminal law is determined by the value of its individual components that constitute categories of various types of social security, which allows classification of security objects and highlighting personal, public, state and international security. Thus, such a broad approach to the concept of security makes it possible to identify objects whose security is covered by the means of protecting international criminal law: these are the rights and legitimate interests of the individual, legal associations of individuals, the state as a political and legal entity, and the world community as a whole. There are also natural, technical and natural-technical objects that are also subject to protection, including legal and international legal.
During the analysis of threats to international security, it was established that in modern conditions not only war crimes and crimes against humanity are regarded by the international community as threats to the security of the world and the cooperation of countries. Today, such acts include organized crime and related corruption as the most unlawful acts of a transnational nature. This circumstance seems to require that this fact be reflected in international acts forming the system of international criminal law.
Summing up our research, I would like to note that all the existing problems of ensuring security by means of international criminal law are interrelated and cannot be solved individually. In this regard, there is a long and painstaking work on the theoretical study of all the causes and conditions that contribute to the growth of transnational crimes and crimes against the principles of international security, as well as to develop the most effective methods to combat this negative phenomenon, which should be embodied in international and national regulations providing adequate legal protection of the interests of the individual and person, society, state.