1,720,964 research outputs found
Aron Trainin
No full textProfessor Aron Trainin (1883–1957), an outstanding Russian and Soviet criminal law scholar, has played a leading role in academic support of the Soviet Union’s team in Nuremberg and contributed to the drafting of the IMT Charter and Judgment. His writings to a large extent shaped the Soviet approach to international criminal law. The chapter addresses Trainin’s biography and follows the major steps in his academic career from its beginning in tsarist Russia to its the peak, when Trainin held the positions of associate member of Soviet Academy of Sciences and professor at Moscow University. The chapter traces the sources of Trainin’s interest in international criminal law and addresses the scholar’s contribution to the ICL. The author focuses specifically on two areas, where the impact of Trainin’s was significant – a legal justification for crimes against peace, and the concept of complicity
Taking Russia to Court: Prosecution of International Crimes
Full text linkThis article summarizes the discourse around the investigation and prosecution of the international crimes committed by Russian officials and the Russian military in the war of aggression against Ukraine. It digests the efforts of states and international institutions to achieve accountability for the crime of aggression, war crimes, crimes against humanity, and genocide allegedly committed in Ukraine. It highlights the investigation into the situation in Ukraine by the International Criminal Court and analyzes the ongoing debate over the establishment of a special international criminal tribunal for the crime of aggression against Ukraine
Russland vor Gericht bringen: Strafverfolgung völkerrechtlicher Verbrechen
Full text linkDer Beitrag fasst die Debatte über die Ermittlungen und Strafverfolgung von völkerrechtlichen Verbrechen zusammen, die russische Offizielle und Militärs während der Aggression gegen die Ukraine mutmaßlich begangen haben. Die Analyse geht auf die Anstrengungen von Staaten und internationalen Institutionen ein, das Aggressionsverbrechen, Kriegsverbrechen, Verbrechen gegen die Menschlichkeit und Völkermord strafrechtlich zu ahnden. Der Artikel beleuchtet die Ermittlungen zur Situation in der Ukraine durch den Internationalen Strafgerichtshof (IStGH) und analysiert die anhaltende Debatte zur Errichtung eines internationalen Sonderstraftribunals für das Verbrechen der Aggression gegen die Ukraine
“Commited by Men”:Individual Criminal Responsibility for Aggression Against Ukraine
No full textThe article deals with the personal scope of criminal responsibility for the crime of aggression against Ukraine. While the Kampala amendments to the Statute of the International Criminal Court have further strengthened the crime of aggression’s leadership character, they have also limited the possibility of holding individuals accountable as accomplices. Nonetheless, this article posits that there are still avenues within the current legal framework to bring key individuals involved in the aggression against Ukraine to justice. It examines different factions within the Russian leadership and the leaders of Belarus and also explores the possibility of bringing Russian propagandists to account. The article advocates for a careful selection policy that balances international and domestic systems better to serve the cause of accountability. Pursuing investigations and prosecutions against these groups should result in an outcome that re#ects the extent of the criminality of Russia’s aggressive war
“Commited by Men”: Individual Criminal Responsibility for Aggression Against Ukraine
No full textThe article deals with the personal scope of criminal responsibility for the crime of aggression against Ukraine. While the Kampala amendments to the Statute of the International Criminal Court have further strengthened the crime of aggression’s leadership character, they have also limited the possibility of holding individuals accountable as accomplices. Nonetheless, this article posits that there are still avenues within the current legal framework to bring key individuals involved in the aggression against Ukraine to justice. It examines different factions within the Russian leadership and the leaders of Belarus and also explores the possibility of bringing Russian propagandists to account. The article advocates for a careful selection policy that balances international and domestic systems better to serve the cause of accountability. Pursuing investigations and prosecutions against these groups should result in an outcome that re#ects the extent of the criminality of Russia’s aggressive war
Russia
No full textThis chapter looks at the domestic law around the concept of fault in Russia, regarding issues such as philosophical and theoretical principles, the influence of feminist and queer theory, the place of fault in the offence structure, forms of fault (intent, recklessness, negligence, constructive liability, strict liability), and reverse burdens of proof. Specific issues include exemptions from fault such as mistake of fact, transferred malice, mistake of law, insanity, diminished responsibility, loss of control, and any special rules applicable to children and juvenile offenders
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