Crimes against the peace and security of mankind is a concept in international law characterized as planning, unleashing and waging an aggressive war in violation of international agreements or understandings. Socially dangerous acts that directly encroach on relations, ensuring peaceful coexistence and development of states, as well as the security of mankind as a whole. The concept of such crimes has been known for a long time: the treaties between Ancient Russia and Byzantium indicated responsibility for committing crimes by subjects of one state in the territory of another. However, only in the 20th century, after the end of World War II and the creation of international military tribunals, criminal liability for the commission of this type of crime began to be assigned.
In Russia, crimes against peace and security are enshrined in Section XII (Chapter 34) of the Criminal Code of the Russian Federation and constitute an independent institution of criminal law . Art. 353 of the Criminal Code of the Russian Federation classifies crimes against peace as planning, preparing, unleashing or waging an aggressive war. Crimes against humanity include murder, extermination, enslavement, exile, and other acts committed against a civilian population before or during a war, or political, racial, or religious persecution for the purpose of committing a crime.
The legal source of the rules on liability for such crimes are the norms of international law contained in international regulatory legal acts (charters, conventions, protocols, agreements, treaties, etc.) on crimes of an international nature.
The object of the encroachment of this category of crimes is public relations that ensure international peace, human security and the peaceful coexistence of states.
The objective side of these crimes is almost always expressed in the presence of an act as the only mandatory attribute. The elements of such crimes, except for genocide and ecocide, are formal, in other words, the onset of consequences is not required in order to bring the perpetrator to justice.
The subject is a person who has reached the age of 16, with the exception of mercenarism committed against a minor, when the person's age rises to 18 years.
The subjective side of these crimes is guilty in the form of direct intent.
See also
- Russian criminal law
Literature
- Criminal Law: Part General. Part Special: Textbook / Under the general. ed. prof. L. D. Gaukhman, prof. L. M. Kolodkina and prof. S.V. Maksimova. - M .: Jurisprudence, 1999 .-- 784 p.
- The criminal law of Russia. Parts General and Special: Textbook / M.P. Zhuravlev, A.V. Naumov et al. / Ed. A. I. Raroga. - M.: TC Velby, Prospect, 2004 .-- 696 p. ISBN 5-98032-591-3 .
- Criminal Law Course. Volume 5. Special Part / Ed. G. N. Borzenkova, V. S. Komissarova. - M .: ICD "Mirror-M", 2002. - 426 p.
- Blishchenko I.P., Fisenko I.V. International Criminal Court. - M.: Unity, 1994 .-- 240 p. ISBN 5-85171-041-1
- Dmitrieva G.K. Morality and international law. - M.: International Relations, 1991. - 168 p.
- Kochoi S. M. Comment on the Criminal Code of the Russian Federation. - M.: Walters Kluver, 2011-897 p. ISBN 978-5-466-00597-4