- Author:
Agnieszka Szpak
- E-mail:
aszpak@umk.pl
- Institution:
Nicolaus Copernicus University in Toruń (Poland)
- Year of publication:
2018
- Source:
Show
- Pages:
537-552
- DOI Address:
https://doi.org/10.15804/ppsy2018307
- PDF:
ppsy/47-3/ppsy2018307.pdf
The author attempts to define amnesty and describe conditions that must be met for amnesties to be in accordance with international law. This in turn involves an analysis of legality of amnesties. The paper also examines motivation for granting amnesty and desirability as well as the future of granting amnesties. In the end a nuanced approach is adopted highlighting the fact that amnesties are neither conditio sine qua non for a lasting peace solution nor ticking time-bombs for peacebuilding. This reflects the idea of this paper that justice is not an absolute and sometimes it might be necessary to let go and combine judicial and non-judicial mechanisms (including the disclosure of truth and reparations for the victims) in order to achieve sustainable peace.
- Author:
Jed Lea-Henry
- E-mail:
jedlea_sh@vignanuniversity.org
- Institution:
Vignan University (India)
- Year of publication:
2018
- Source:
Show
- Pages:
553-570
- DOI Address:
https://doi.org/10.15804/ppsy2018308
- PDF:
ppsy/47-3/ppsy2018308.pdf
The Responsibility to Protect (R2P) was created in the hope of overcoming the barrier that state sovereignty, as a principle, had become to actions of humanitarian intervention. It was imagined that as mass atrocity crimes were coming to the attention of the international community, that, on the whole, they were willing, able and eager to intervene in order to stop the violence in question. Holding them back was sovereignty as both a legal and normative barrier. This was always a bad explanation for the pervasive lack of humanitarian intervention; accordingly R2P, as a bad solution, has failed almost entirely. The problem is, and always has been, that when faced with mass atrocity crimes, the international community is plagued by a near-permanent lack of political will to action.
- Author:
Мирослава Ковалів [Myroslava Kovaliv]
- E-mail:
mkovaliv@ukr.net
- Institution:
Lviv State University of Internal Affairs
- ORCID:
https://orcid.org/0000-0002-9730-8401
- Year of publication:
2022
- Source:
Show
- Pages:
33-39
- DOI Address:
https://doi.org/10.15804/CPLS.20222.03
- PDF:
cpls/2/cpls203.pdf
The Contribution of the Nuremberg Tribunal to the Formation of the Standards of International Law on Criminal Organizations
The article examines the contribution of the Nuremberg tribunal in the formation of modern international law on criminal organizations. The methodological basis of the study is a systematic analysis of international law on liability for international crimes, the use of comparative law, formal law and other methods, historical analysis of the origin and development of liability for international crimes, generalization of a wide range of normative and practical materials. The evolution of the responsibility of non-governmental organizations that committed international crimes in the period after the Nuremberg Trials is analyzed, in particular the trends and factors that influenced the development of the concept of international criminal responsibility. In characterizing evolution in international law, it is advisable to consider not all changes in international law, but only those that indicate qualitative improvement. The evolution of international law, like all development, is always objective. The enshrinement of the principle of international criminal responsibility in the Statute of the Nuremberg Tribunal constitutes a protective function, which is expressed in the direct application of the norms of international criminal law and international humanitarian law. The development of international law governing the jurisdiction of criminal organizations does not stop. It is noted that with the development of legal certainty of the status of non-governmental organizations, the principles set out in the decisions of the Nuremberg Tribunal on the responsibility of individuals and legal entities under public law for crimes against humanity are developing. The main trends in the development of international criminal law, including the liability of non-state legal entities under public and private law. It is determined that in the period after the Nuremberg Trials, the main direction in the legal definition of liability for war crimes was the development of norms and mechanisms of criminal liability. Criticism of Russian researchers’ views on the responsibility for international crimes of non-governmental organizations committed in other countries, who believe that non-governmental organizations in this case can not be recognized as criminal organizations. It is stated that international law does not contain a clear line between formally defined organizations - legal entities recognized as subjects of national law, and criminal groups, whose legal status can be recognized from the standpoint of the decisions of the Nuremberg tribunal. International legal norms on this issue should be devoted to identifying the criminal nature of the group and the establishment of criminal consequences for members of the criminal group. Dissemination of international legal responsibility for war crimes, crimes against humanity committed during armed conflicts of international and non-international nature, the modern concept of international humanitarian law.
- Author:
Любов Мошняга (Liubov Moshniaha)
- E-mail:
moshnayga_lv@ukr.net
- Institution:
Flying Academy of the National Aviation University
- ORCID:
ORCID ID: https://orcid.org/0000-0002-9565-735X
- Author:
Богдан Стецюк (Bohdan Stetsyuk)
- Institution:
Donetsk State University of Internal Affairs
- ORCID:
https://orcid.org/0000-0003-2273-637X
- Year of publication:
2022
- Source:
Show
- Pages:
232-258
- DOI Address:
https://doi.org/10.15804/ksm20220414
- PDF:
ksm/36/ksm3614.pdf
International Legal Adjusting of Providing of Aviation Safety: The State and Prospects of Development Within the Framework of General Theoretical Research
The article deals with crimes against air transport, which can be divided into two groups: seizures of aircraft and other crimes against civil aviation safety. The normative and legal definition of the classification of international crimes, disagreement in legal qualification and terminological definition of these crimes under the legislation of foreign states, as well as the lack of practical application of legal norms of conventions in combating international crimes, in part of the extradition, creates certain difficulties for the legislation. further extradition of persons hiding from investigation and court in a foreign state. In the crime of international character, similar to the internal state, the composition of the crime of international character is allocated, which is a set of objective and subjective features, based on which individuals attracted to criminal responsibility. But it should be noted that the elements of the crime of international character do not always coincide with elements of a crime in domestic criminal law. Basic normative acts aimed at providing aviation safety, operate on three levels: global level (International Civil Aviation Organization (ICAO), basic documents: Crimes Convention and some other acts committed on board aircraft (Tokyo, 1963) ; Convention on the fight against illegal capture of aircraft (GAAGA, 1971); Convention on the fight against illegal acts directed against the safety of civil aviation (Montreal, 1971); Protocol on the fight against acts of violence at airports serving civil aviation (Montreal, 1988, complements the Montreal Convention in 1971); Convention on the marking of plastic explosives in order to detect (Montreal, 1991); Convention on the fight against illegal acts concerning international civil aviation (Beijing, 2010) ; regional level (European Aviation Security Agency (EASA), European Civil Aviation Conference (ECAC), European and North Atlantic Bureau of ICAO (Paris), Found Documents – Politics of the European Civil Aviation Conference in Aviation Safety; National Level – State Aviation Administration (SAA), Basic Documents: Air Code of Ukraine of 19.05.2011, Law of Ukraine “On the State Program of Aviation Safety of Civil Aviation” dated 20.02.2003, Order of the Ministry of Transport and Communications of Ukraine No. 390 dated May 11, 2007, instructions for assessing the risk of security of civil aviation of Ukraine.