Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences

The article is devoted to the characteristics of crimes against humanity as a category of international criminal law and in the context of the armed conflict in Ukraine. It has been stated that corpus delicti of crimes against humanity reveal many features which have a common meaning with the featur...

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Main Author: Yu. V. Orlov
Format: Article
Language:English
Published: Kharkiv National University of Internal Affairs 2023-03-01
Series:Law and Safety
Subjects:
Online Access:http://pb.univd.edu.ua/index.php/PB/article/view/693
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author Yu. V. Orlov
author_facet Yu. V. Orlov
author_sort Yu. V. Orlov
collection DOAJ
description The article is devoted to the characteristics of crimes against humanity as a category of international criminal law and in the context of the armed conflict in Ukraine. It has been stated that corpus delicti of crimes against humanity reveal many features which have a common meaning with the features of war crimes, and this creates difficulties in legal application. A table of the norms relevance and their drafts on crimes against humanity and war crimes under the Rome Statute of the ICC and the draft UN Convention on the Prevention and Punishment of Crimes against Humanity has been compiled. The criteria for distinction between these corpus delicti has been proposed. It has been established that the Criminal Code of Ukraine does not contain special corpus delicti of crimes against humanity. The conceptual direction of national criminal legislation improvement has been determined.
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publisher Kharkiv National University of Internal Affairs
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spelling doaj-art-dc65a09ca22f48baab7f1b1f49ebf5cd2025-02-03T09:18:17ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332023-03-018819911210.32631/pb.2023.1.09693Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offencesYu. V. Orlov0Kharkiv National University of Internal AffairsThe article is devoted to the characteristics of crimes against humanity as a category of international criminal law and in the context of the armed conflict in Ukraine. It has been stated that corpus delicti of crimes against humanity reveal many features which have a common meaning with the features of war crimes, and this creates difficulties in legal application. A table of the norms relevance and their drafts on crimes against humanity and war crimes under the Rome Statute of the ICC and the draft UN Convention on the Prevention and Punishment of Crimes against Humanity has been compiled. The criteria for distinction between these corpus delicti has been proposed. It has been established that the Criminal Code of Ukraine does not contain special corpus delicti of crimes against humanity. The conceptual direction of national criminal legislation improvement has been determined.http://pb.univd.edu.ua/index.php/PB/article/view/693aggressionarmed conflictcrimes against humanitygenocidewar crimesdistinctionsubject of crimecontextual element.
spellingShingle Yu. V. Orlov
Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences
Law and Safety
aggression
armed conflict
crimes against humanity
genocide
war crimes
distinction
subject of crime
contextual element.
title Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences
title_full Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences
title_fullStr Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences
title_full_unstemmed Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences
title_short Crimes against humanity in the context of the armed conflict in ukraine: definition, problems of distinction with related offences
title_sort crimes against humanity in the context of the armed conflict in ukraine definition problems of distinction with related offences
topic aggression
armed conflict
crimes against humanity
genocide
war crimes
distinction
subject of crime
contextual element.
url http://pb.univd.edu.ua/index.php/PB/article/view/693
work_keys_str_mv AT yuvorlov crimesagainsthumanityinthecontextofthearmedconflictinukrainedefinitionproblemsofdistinctionwithrelatedoffences