The act of state doctrine and the criminal responsibility for war crimes
( Pp. 37-40)

More about authors
Levandovskaya Maria G. kandidat yuridicheskih nauk, docent
Moscow State Law University named after O. Kutafin
Abstract:
The objective of this work is the study of theoretical and practical problems of criminal responsibility of individuals for war crimes based on a comprehensive analysis of the legislation of the Russian Federation and international legal acts. In the research process were used works of such scientists as N. With. Alekseev, I. M. Artsybasov, S. A. Egorov, B. E. Zaitsev, And I., Karpets, And I. A. Ledyakh, V. P. Panov, A. I. Poltorak, Y. A. Reshetov, L. I. Savino, L. N. Smirnov, A. N. Trainin, H.-P. Gasser, M. Greenspan, F. Kalshoven, E. Castrén, And L. Oppenheim, R. Folk. Model - the article is written using logical, historical, sociological, comparative legal methods of research of Russian legislation and international legal acts. n, etc. The work is performed on the basis of the study, in relation to the problem under consideration, the existing international legal practice of prosecuting individuals for committing war crimes (the materials of the Nuremberg, Tokyo, and Khabarovsk processes, as well as the International Tribunal for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia) Conclusions: the paper critically assesses the so-called act of state doctrine and the rationale for the personal criminal responsibility of the leaders and generals of the States responsible for violations of the rules and customs of conduct of parties in armed conflict. In this case analyzes the problem of command responsibility for the criminal acts of subordinates.
How to Cite:
Levandovskaya M.G., (2016), THE ACT OF STATE DOCTRINE AND THE CRIMINAL RESPONSIBILITY FOR WAR CRIMES. Gaps in Russian Legislation, 5 => 37-40.
Reference list:
Dokumenty OON. Doklad Komissii mezhdunarodnogo prava. Gen. Assambleya. Ofitsial nye otvety. 49-aya sessiya. A-49/10. N yu-York, 1994
Materialy OON. General naya Assambleya. Ofitsial nye otchety. 49-aya sessiya. A/49/10. N yu-York, 1994, s. 138
Nyurnbergskiy protsess. Sbornik dokumentov v 8 tomakh. M., 1987-1991gg.
Ober Moris. Vopros o prikazakh starshikh voyskovykh nachal nikov i otvetstvennosti komandirov. M., MKKK, 1994.
Otvetstvennost za voennye prestupleniya i prestupleniya protiv chelovechnosti. Sbornik dokumentov. M., 1969
Poltorak A.I. Nyurnbergskiy protsess. Osnovnye pravovye problemy. M., 1966.
Knieriem A. The Nurenberg Trial. Chicago, 1959
Oppenheim L. International Law. London, 1960.
Falk R. Crimes of War. New-York, 1967, p. 509.
Keywords:
criminal liability, war crimes, The international Tribunal, Yugoslavia.


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