WAR CRIMES IN THE SYSTEM OF CRIMINAL OFFENCES: INTERNATIONAL AND EUROPEAN PRACTICE

Abstract

The article examines the peculiarities of foreign experience in introducing criminal liability for war crimes. The experience of foreign countries may be useful for Ukraine in the process of implementing international humanitarian law. For example, many European countries have criminalised war crimes through national legislation based on international obligations. Germany, France and the Netherlands are examples of countries that use their national laws to prosecute perpetrators of crimes committed during conflicts abroad.

The practical significance of this experience is that Ukraine, by adapting its legislation to international standards, will be able not only to fight war crimes more effectively, but also to ensure justice for victims of such crimes both at the national and international levels.

The author proves that in the context of Ukraineʼs European integration, it is indeed important to adapt the national criminal law system to modern challenges, especially with regard to crimes related to violations of international humanitarian law during armed conflicts. One of the key steps could be not only to expand the range of criminal offences, but also to introduce a new approach to the categorisation and qualification of such criminal offences. For example, the development of a separate section in the Criminal Code dedicated to war crimes and crimes against peace and security of mankind would help to systematise liability for violations of international law. In addition, consideration could be given to the introduction of a ʼhumanitarian tribunalʼ mechanism within the country, where humanitarian law experts could review cases of violations during conflicts.

It is noted that these changes could cover not only direct participation in hostilities, but also new forms of criminal offences related to disinformation, cyberattacks on humanitarian facilities and manipulation of humanitarian aid, which are becoming relevant in armed conflicts today.