The work of international criminal tribunals as an effective mechanism for bringing perpetrators to justice

Автор: Dashin A.V., Kupcha D.A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 7, 2023 года.

Бесплатный доступ

In the current international situation, the previously tested model of establishing military tribunals under the auspices of the UN Security Council is ambiguously perceived, and therefore there is a need for interstate post-conflict legal settlement on the basis of the countries participating in the conflict (with or without the involvement of third countries). In order to establish the basic principles of criminal prosecution and legal proceedings in this institution of international law, it is necessary to refer to the previous experience of applying the format of military tribunals: the Nuremberg trials, the Tokyo International Tribunal, the Tribunal for the former Yugoslavia. In this article, a comparative study of these proceedings will be conducted, logical relationships and successive trends will be built on the examples of decisions of various tribunals and their legal foundations, the main provisions, positive and negative sides will be considered, and relevant requirements for modern international tribunals will be formed based on the results of previous experience in the application of international law. The obtained results of the study are a generalization of trends in the world criminal law and may form the legal basis of military tribunals in the future.

Еще

Military tribunal, humanism, law, criminal law, principle of law

Короткий адрес: https://sciup.org/149143291

IDR: 149143291   |   DOI: 10.24158/tipor.2023.7.26

Статья научная