The international criminal court and the un criminal court in resolving war crimes: Legal realities and future prospects

Abstract

In the conditions of the Russian Federation's military aggression against Ukraine, a large number of war crimes committed by Russia on the territory of Ukraine, it is important to study international courts in the field of criminal justice and understand the legal realities and prospects for solving war crimes at the international level. The purpose of the work is a scientific analysis of the legal realities of the resolution of war crimes by the International Criminal Court and the UN Criminal Court, as well as forecasting the future prospects of the activities of these judicial institutions. The methodological basis of this study is such methods as historical method, logical-legal, statistical, dialectical, comparative methods, and modeling methods. As a result of the conducted research, the current state of the activities of international judicial authorities regarding the consideration of war crimes cases was analyzed. Thus, it was noted that today there are problems regarding the resolution of war crimes by the International Criminal Court, taking into account Ukraine's non-ratification of the Rome Statute and the legal personality of this court to resolve this category of cases. The types of crimes for which prosecution is possible, as well as the peculiarities of their investigation and documentation, are also analyzed in detail.