INTERNATIONAL JUSTICE AS A MECHANISM OF PROCUREMENT OF WAR CRIMES: CURRENT CHALLENGES AND PROSPECTS

Abstract

The article examines international justice as one of the key mechanisms of prosecution of war crimes in the context of modern armed conflicts. It is argued that international justice performs not only a punitive, but also a preventive, compensatory and stabilizing function, as it contributes to the restoration of justice, the protection of the rights of victims, the establishment of the principle of the inevitability of punishment and the strengthening of international law. The institutional and regulatory principles of the activities of international judicial institutions, primarily the International Criminal Court, ad hoc and mixed tribunals, as well as individual mechanisms of universal jurisdiction of states in cases of international crimes, are analyzed.

Particular attention is paid to modern challenges that complicate the effectiveness of international justice, including: limited jurisdiction of international judicial institutions, political dependence of international prosecution processes, complexity of collecting and recording evidence in the war zone, length of judicial procedures, problems of implementing decisions of international courts, as well as insufficient coordination between national and international mechanisms of criminal prosecution. It is established that in the conditions of increasing number of armed conflicts and mass violations of international humanitarian law, the need to improve the institutional architecture of international criminal justice and strengthen cooperation of states with international judicial bodies is of particular importance.

It is concluded that the prospects for the development of international justice are associated with expanding the capabilities of international and hybrid tribunals, improving procedures for documenting war crimes, ensuring the real participation of victims in trials, strengthening the role of national courts in implementing the principle of complementarity, as well as creating special international mechanisms for considering the crime of aggression. It has been proven that effective international justice is a necessary prerequisite not only for punishing the guilty, but also for long-term peace, restoring trust in the law and preventing the recurrence of the most serious international crimes.


References

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