Certain problems of bringing to justice for the commission of genocide

Abstract

Our military present requires answers to legal questions that were not as relevant in peacetime. Among their rather wide list, such as cooperation with the International Criminal Court in the course of bringing to criminal responsibility for the commission of serious international crimes; the peculiarities of its jurisdictions, including in the commission of aggression; national and international grounds for command responsibility; the distinction between procedural detention and capture, including in the commission of war crimes, etc., the issue of bringing to responsibility for the committed and ongoing genocide against the Ukrainian nation is also extremely important and timely. In the extreme period, we observe certain developments in the national legal field. But, obviously, the problems that we have with the official Ukrainian translation of the Rome Statute of the International Criminal Court, with the selective «fragmentary» improvement of criminal procedural and criminal legislation, etc., could not have a positive impact on the state of affairs that we have today in the area under consideration. Therefore, we have to state the imperfection of both the structure of the previously valid version of Article 442 of the Criminal Code of Ukraine, as well as its part, as well as the article currently in force. There is a striking discrepancy between the forms of genocide regulated in both its versions, which would correspond to the authentic text of Article 6 of the Rome Statute of the International Criminal Court and the Elements of Crimes in its supplement and Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. As a result, it is worth asking a simple procedural question, and what will be the results of the corresponding criminal prosecutions, if such a state of affairs is with the substantive norm?