International Criminal Law in Russia: Missed Crimes Waiting for a Revival
For an observer, it is clear that events taking place in international criminal law in the period between the 1980s and 2010s had a minimal impact on Russia. The country ratified some, but not all, of the new conventions on combating serious crimes and signed, but did not ratify, the Rome Statute. The international criminal tribunals for Rwanda and the former Yugoslavia were initially supported but later the Yugoslavian tribunal was much criticized at the political level, and this opposition was partly transferred to the International Criminal Court. Russia’s minimalistic approach to international criminal law had an influence on national criminal legislation, and its status with regard to international crimes might be characterized as deplorable. In contrast, at the theoretical level there is now a rising interest in international criminal law and a cognizance of the need for reforms. The efforts at reform in national legislation reveal general and particular problems which should be resolved in the course of implementing the legislation. These problems are outlined and the methods used to overcome them are presented in this article. This negative experience and proposed solutions might be edifying for other jurisdictions.
The article discusses approaches to understanding criminal law in the broad and narrow sense of this concept through a comparison with the concept of criminal law. The author proposes a number of changes to article of the criminal code of the Russian Federation
Prosecutor v. Ndahimana is a controversial case that was decided in the latter stages of the International Criminal Tribunal for Rwanda’s (ICTR) activity. It was concerned with a notoriously cruel event of Rwandese genocide, the Nyange church massacre.
Professor Hans-Hajnrih Eshek has protected the thesis for a doctor's degree in 1949 in Tjubingen on a theme: «Responsibility of state structures on the international criminal law - researches in connection with the Nuremberg process»; has created the concept of a uniform roof of Institute of foreign and international criminal law of Max Planck. His organizing work has come to the end in 2007 with creation of "the International research school of comparative criminal law» and criminological school for doctoral candidates «infl uence Measures, mediation and punishment». Approximately 600 works devoted to the General part of criminal law, to punishments, measures of correction and safety, the Especial part, and also criminally-procedural right is published by him.
Professor 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.
The history of international criminal justice is often recounted as a series of institutional innovations. But international criminal justice is also the product of intellectual developments made in its infancy. This book examines the contributions of a dozen key figures in the early phase of international criminal justice, focusing principally on the inter-war years up to Nuremberg. Where did these figures come from, what did they have in common, and what is left of their legacy? What did they leave out? How was international criminal justice framed by the concerns of their epoch and what intuitions have passed the test of time? What does it mean to reimagine international criminal justice as emanating from individual intellectual narratives? In interrogating this past in all its complexity one does not only do justice to it; one can recover a sense of the manifold trajectories that international criminal justice could have taken.
This fifty-eighth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the ICTR in the years 2013-2014. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/