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THE UNITED NATIONS CHARTER AND THE RESPONSIBILITY TO PROTECT: INTERROGATING THE HUMANITARIAN CRISIS IN SYRIA
Published 2024-08-01“…The United Nations Charter gives responsibility to international community to use appropriate diplomatic and other peaceful measure in accordance with Chapter VI and VIII of the Charter to help protect populations from genocide, war crimes, ethnic cleansing and crime against humanity. …”
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The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia
Published 2025-01-01“…In the context of Colombia's transitional justice process, the definitions of “most responsible” and “determining participants” play a pivotal role in deciding who should face prosecution and sanctions of effective restriction of liberty for war crimes and crimes against humanity. The article argues that the current conceptual ambiguity within the JEP's legal framework risks conflating accomplices with principal offenders, which could undermine the selective justice model designed to focus on high-level perpetrators. …”
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Implementation of stabilisation measures by the National Police in the context of creating a secure environment in the de-occupied and frontline territories
Published 2024-06-01“…The author analyses the content and procedure for the implementation of the main stabilisation measures: provision of humanitarian services to the population (evacuation, delivery of humanitarian goods, escort of civilian transport, opening and maintenance of the points of invincibility, psychological support); identification of social and security problems in the de-occupied territories, as well as persons in need of assistance; humanitarian demining; exposure of collaborators and accomplices of the occupation regime; investigation of war crimes; searching for persons who went missing as a result of hostilities; identifying places of mass graves and illegal detention of citizens; ensuring the implementation of martial law measures; creating emergency response systems for emergencies and offences; ensuring public order and security, preventive activities, combating crimes and other offences. …”
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The place of the State Bureau of Investigation in the system of state law enforcement agencies of Ukraine
Published 2024-12-01“…Therefore, the place of the State Bureau of Investigation in the system of state bodies is determined by its legal status as a central executive body, as evidenced by the specifics of its activities, since it was established for the special purpose of preventing and combating crimes committed by special categories of subjects, as well as war crimes, which is consistent with the law enforcement function of the state and has nothing to do with either legislative or judicial activities; as a law enforcement agency in view of the fact that its main and, in fact, the only task is to counteract criminal offences within its competence; as a state body with a special status, as evidenced by its tasks, powers and the fact that it carries out its activities independently and independently of other executive authorities in the organisational and functional aspect.…”
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Transitional justice mechanisms and processes: international experience for restoring Ukraine’s sovereignty and national security
Published 2023-09-01“…Among the elements of transitional justice, the author identifies those whose implementation is appropriate and possible before the end of the active phase of the conflict in Ukraine: bringing to individual responsibility, recording, documenting and collecting evidence of crimes allegedly committed on the territory of Ukraine (including war crimes, crimes against humanity, genocide and the crime of aggression), cooperation with the International Criminal Court on international crimes, determining the procedure for bringing the top military and political leadership of the russian federation to justice (tribunal); establishing the circumstances of the conflict and recording them, which is especially important in the context of information and psychological operations and other methods of hybrid warfare used by the Russian Federation. …”
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Civil substantive and procedural legal means of securing reparations for Ukraine
Published 2023-12-01“…The author identifies the types and role of legal immunities and amnesties as means of reconciliation, their conditions of implementation and application in relation to the effectiveness and availability of reparations for gross human rights violations and war crimes. The forms of reparations that should be guaranteed to victims for the relevant crimes have been investigated. …”
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The icon of Ukrainian Nazis: on the question of the historical assessment of the «heroes» under the Protection of the Virgin Mary and their modern admirers
Published 2024-05-01“…In addition to the image itself, which became the reason for writing this article, the source for the study is the forensic investigative documentation of the Soviet state security agencies, during and after the end of the Great Patriotic War, interrogating captured employees of the German special services, Ukrainian nationalists and witnesses to their war crimes. The presence of specific common features in the biographies depicted on the icon of Nazi criminals has been established. …”
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Stabilisation measures on the de-occupied territories: conceptual interpretation, classification, and application features
Published 2024-03-01“…Special stabilisation measures are carried out to prevent sabotage and reconnaissance groups and illegal armed groups from entering the de-occupied territory and committing terrorist acts on infrastructure and communications facilities, ensuring public safety and order, preventing and suppressing crimes and other offences, eliminating the consequences of emergencies, and searching for persons who have committed crimes against the foundations of national security, war crimes and other offences during the occupation of the territory. …”
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The formula for Peace as a result of a future without war in Ukraine
Published 2025-01-01“…However, after russia’s retreat from northern Ukraine in April 2022 and mounting evidence of war crimes against civilians, the Ukrainian government withdrew from negotiations and abandoned the Istanbul proposals. …”
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Specific features of obtaining and using electronic evidence in criminal proceedings
Published 2024-03-01“…Given the fact that the Russian Federation commits war crimes on the territory of Ukraine on a daily basis, the author states the need to collect and record evidence of such crimes from open sources, which will further ensure the prosecution of the perpetrators. …”
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The principle of “dolus specialis” and the problem of proving the genocidal actions of the russian federation in Ukraine
Published 2024-12-01“…This requires the collection of evidence that would confirm the link between the statements of Russian officials about the «denazification» of Ukraine and the war crimes committed. The critical aspect is to analyze public statements, official orders, and documents demonstrating these actions’ systematic nature. …”
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The Great Vietnamese Famine of 1944-45 Revisited
Published 2011-01-01“…It survives in local memory and in fiction by Vietnamese writers.4The great famine was never construed as a war crime by the Allies, yet the question of blame, alongside agency or lack of it, was an issue between the French and the Viet Minh in the immediate aftermath of the Japanese surrender and entered into propaganda recriminations. …”
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Looting: issue of qualification and differentiation in the context of some criminal offenses against property
Published 2022-09-01“…It has been noted that the question of the qualification of looting is a question of the need to determine the conformity of the signs of an act actually committed, potentially considered as looting, with the signs that characterize such an act normatively, taking into account the rules and approaches to understanding such a phenomenon as a war crime laid down in legislation. Moreover, cases of actions that resemble looting in appearance, but committed by civilians, as well as representatives of Russian units and persons supported by them from illegal armed formations fighting on the other side, have been differentiated.…”
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