Formation of international criminal law. International criminal law Formation of international criminal law

International criminal law is a system of principles and norms governing cooperation between states in the fight against crimes stipulated by international treaties.

Among the basic principles of international criminal law, the following stand out:

* prohibition of aggressive war;

* the inevitability of criminal punishment for the commission of any act that is considered criminal under international law;

* if the state does not establish punishment for actions that are classified by international law as crimes against peace and humanity, then this is not a circumstance that excuses guilty person from international criminal liability;

* the official position of a person who has committed an international crime does not relieve him of personal responsibility;

* the execution by a person of a criminal order of his government or superior does not release that person from responsibility if a conscious choice was actually possible;

* every person charged with an international crime or a crime of an international character has the right to a fair hearing of his case in court;

* non-application of statute of limitations to war criminals and crimes against humanity;

* international principles of administration of justice in criminal cases, proclaimed in Articles 7-11 of the Universal Declaration of Human Rights of 1948 (presumption of innocence, prohibition of propaganda of war, torture, etc.)

Question 71 Classification of international criminal offenses Implementation of these common tasks and the content of international legal norms are determined by the nature of the crimes, which are divided into two large groups:

* international crimes - acts of individuals or groups of individuals directly related to international crimes of states, which include war of aggression, apartheid, etc. (see above);

* crimes of an international nature - offenses of individuals that are committed outside of connection with one or another state policy, but infringe not only on the national, but also on the international legal order, posing a public danger for two or more states (terrorism, drug trafficking, etc. .).

In accordance with the object, international crimes are divided into:

* crimes against peace (planning, preparation and unleashing of war, complicity in planning, preparation and conduct of war, etc.);

* war crimes (violation of the laws and customs of war);

* crimes against humanity (murder, torture, enslavement, etc.);

* crimes against humanity (racism, apartheid, genocide, etc.).

The group of crimes of an international character also has an internal classification.:

* crimes against stability international relations(international terrorism; hostage-taking; seizure, hijacking of aircraft and other aircraft and other actions committed on board an aircraft; theft of nuclear material; recruitment, use, financing and training of mercenaries; illegal radio and television broadcasting);

* acts damaging the economic, social and cultural development of states (counterfeiting; legalization of criminal proceeds; illegal circulation of narcotic and psychotropic drugs; smuggling; illegal emigration and encroachments on the cultural values of peoples);

* Criminal attacks on personal human rights (slavery; slave trade; trafficking in women, children; exploitation of prostitution by third parties; distribution of pornography; torture and other inhuman treatment and punishment);

* crimes committed on the high seas (piracy (sea robbery); rupture and damage of an underwater cable or pipeline; collision of sea vessels; pollution of the marine environment harmful substances);

* war crimes of an international character (use of prohibited means and methods of warfare; violence against the population in the area of hostilities; looting, etc.).

Despite the large number of varieties of criminal acts. included in the above two groups, nevertheless, in each of them, several the most important, serious, posing an increased danger to states.

1. Aggression... In accordance with the UN General Assembly resolution of December 14, 1974, aggression is understood as the use of armed force by a state against the sovereignty, territorial inviolability or political independence of another state or in any other way incompatible with the UN Charter.

The following are qualified as an act of aggression:

* invasion or attack by the armed forces of a state on the territory of another state or any military occupation, no matter how temporary it would be, resulting from such an invasion or attack, or any annexation by force of the territory of another state or part of it;

* bombardment by the armed forces of a state of the territory of another state or the use of any weapon against another state;

* blockade of ports or coasts of a state by the armed forces of another state;

* an attack by the armed forces of a state on the land, sea or air forces of another state;

* the use of the armed forces of one state located on the territory of another state by agreement with the host state, in violation of the conditions provided for in the agreement, or any continuation of their continuation of their stay in such territory upon termination of the agreement;

action by a state allowing its territory, which it has placed at the disposal of another state, to be used by that other state to commit an act of aggression against a third state;

* sending by the state or on behalf of the state of armed gangs, groups, and regular forces of mercenaries who carry out acts of the use of armed force against another state, which are of a serious nature.

2. Genocide- acts committed with the intent to destroy in whole or in part any national, ethnic, racial or religious group: the killing of members of this group; causing serious bodily harm or mental harm to members of such a group; the deliberate creation for any group of such living conditions that are designed for its complete or partial physical destruction; measures designed to prevent childbearing among this group; forcible transfer of children from one human group to another. States undertake to issue persons accused of committing genocide; in relation to extradition, genocide is not considered a political crime.

3. Mercenary... - is a person who: is specially recruited at the scene of hostilities or abroad in order to fight in an armed conflict; actually takes part in hostilities, guided mainly by considerations of personal gain; is neither a citizen of a party to the conflict nor a person. resident in territory controlled by a party to the conflict; not included in personnel the armed forces of a party to the conflict; not sent by a non-belligerent State to carry out official duties as a member of the armed forces.

4. Combating money laundering received from criminal activity. The Council of Europe Convention on Laundering, Seizure, Seizure and Confiscation of the Proceeds of Crime contains a definition of the offenses in this category. These are deliberately committed: conversion or transfer material values in order to hide their illegal origin or to help another person avoid the legal consequences of the act (for example, confiscation of property); concealment or misrepresentation of the nature, origin, location, location, movement or actual ownership of material assets or related rights when the offender is aware of the illegal source of their origin;

acquisition, possession or use of values that are known at the time of their receipt, that they were obtained by criminal means.

5. Fight against counterfeiting of banknotes... According to the Geneva Convention of 1929, the crimes are: all fraudulent actions to manufacture or change banknotes; sale of counterfeit banknotes; actions aimed at selling, importing into the country or obtaining counterfeit banknotes for oneself, if their counterfeit nature was known; attempt or complicity in the above acts; fraudulent actions for the manufacture or purchase of items for oneself intended for the manufacture of counterfeit or altered banknotes.

6. Fight against drug trafficking and psychotropic substances. The 1988 UN Convention thus defines offenses in this area:

deliberate production, manufacture, extraction, preparation, offer, offer for the purpose of sale, distribution, sale, delivery under any conditions, mediation, forwarding, transit; the cultivation of the opium poppy, coca bush or cannabis plant for the production of narcotic drugs; storage or purchase of any NS or PS for the above purposes;

Q 72. Cooperation of states in the fight against international crime.

The international fight against crime is understood as the cooperation of states in the fight against certain types of crimes committed by individuals. This collaboration has gone through a long evolution. The first form of such cooperation was cooperation in the extradition of criminals. Even in the treaty between the Hittite king Hattusili III and the Egyptian pharaoh Ramses 2 it was said: "If someone escapes from Egypt and leaves for the Hittite country, the Hittite king will not detain him, but will return him to the country of Ramses." Later, the need arose to exchange information, and the volume of this information was constantly expanding. At a certain stage, it became necessary to exchange experiences. And in recent times a prominent place in relations between states is occupied by the issue of providing vocational and technical assistance. Joint actions or their coordination are of particular importance, without which the law enforcement agencies of various states cannot successfully fight certain types of crimes, primarily organized crime.

Cooperation between states is developing at three levels:

1. Bilateral cooperation... Here, bilateral agreements on such issues as the provision of legal assistance in criminal cases, the extradition of criminals, the transfer of convicted persons to serve a sentence in the country of which they are citizens. Interstate and intergovernmental agreements, as a rule, are accompanied by interdepartmental agreements, in which the cooperation of individual departments is concretized.

2. Cooperation on regional level due to the coincidence of interests and nature of relations between the countries of a certain region.In the framework of the CIS, such cooperation is developing very quickly: the countries of the Commonwealth (except Azerbaijan) signed the Convention on legal aid in civil, family and criminal cases.

3. Cooperation on universal level began in the framework of the League of Nations, and continued at the UN. Currently, a whole system of multilateral universal treaties in the field of international criminal law has been created:

* Convention on the Prevention and Punishment of the Crime of Genocide, 1948;

* Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Third Persons, 1949;

TIME - 2 hours

GOALS:

1. To consolidate, deepen and expand the knowledge on this topic, obtained in the lectures and obtained in the process independent work;

2. Determine the place and significance of the international law enforcement in the international arena.

3. Examine the structure and function of both Interpol.

4. To study the structure, composition and powers of the International Criminal Court.

Educational and methodological support:

Lecture notebooks

Terminology dictionaries

Seminar questions on topic 11:

1. The concept and formation of international criminal law

2. Cooperation of states in the fight against international crime

3. International Criminal Police Organization (Interpol)

4. International Criminal Court

1. The concept and formation of international criminal law

An important condition progress of states is the successful fight against crime, which belongs to their internal function. However, crimes have long been known that infringe not only on the state, but also on the international legal order. Therefore, the fight against them requires joint efforts and special forms. international cooperation.

In the process of cooperation, states solve the problems of coordinating the issues of qualification of individual crimes, coordinating measures to suppress and prevent them, determining jurisdiction, ensuring the inevitability of punishment, providing legal assistance in criminal cases, etc.

This relationship is governed by international criminal law (ICL), which is a set of principles and norms governing cooperation between states in the prevention of crime, the provision of legal assistance in criminal cases and the punishment for crimes stipulated by international treaties.

International criminal law has a number of features that distinguish it from national criminal law:

1. The subject of its regulation is the cooperation of states in the fight against international crime.

2. CBM is complex in nature, i.e. its sources include the norms of criminal law, criminal procedure and penal law. At the same time, crime prevention is at the core, therefore the CBM includes international criminology.

3. The norms of the MUP, establishing criminality and punishability of acts, in some cases have a retroactive effect.

4. The subjects of CBM are not only individuals, but also legal entities and states.

Depending on the degree of international danger, the object of the criminal offense and other signs, criminal offenses of an international character are divided into the following main groups:

1. Crimes against the stability of international relations: international terrorism, hostage-taking, crimes against air transport, theft of nuclear material, mercenary activities, propaganda of war, etc.

2. Crimes damaging the economic, social and cultural development of states: counterfeiting, legalization of illegal income, drug trafficking, smuggling, illegal emigration, violations legal regime exceptional economic zone and continental shelf, theft cultural property peoples, etc.

3. Criminal attacks on personal human rights: slavery, slave trade, trafficking in women and children, exploitation of prostitution by third parties, distribution of pornography, torture, systematic and massive violations of human rights, etc.

4. Crimes committed on the high seas: piracy, rupture or damage to a submarine cable or pipeline, unauthorized broadcasting from the high seas, collision of ships, failure to provide assistance at sea, pollution of the sea with harmful substances, etc.

5. War crimes of an international character: the use of prohibited means and methods of warfare by individuals, violence against the population in the area of hostilities, illegal wearing or abuse of the signs of the Red Cross, Red Crescent, looting, mistreatment of prisoners of war, negligent performance of duties in relation to the wounded and the sick, the commission of actions aimed at the detriment of other prisoners of war, etc.

The international fight against crime is carried out in the following forms:

1) recognition of the international danger of certain criminal offenses and acceptance by states of obligations to punish and extradite persons who have committed such crimes, regardless of the territory in which the crime occurred, against whom it was directed and by the citizen of which state it was committed;

2) rendering assistance in the search for criminals hiding in foreign territory and transferring them to the interested state for trial and punishment;

3) assistance in obtaining the necessary materials in a criminal case (implementation of various investigative orders from other states to collect and fix evidence);

4) joint study by states of the problems of crime and measures to combat it (convocation and holding of international congresses, the creation of appropriate international organizations);

5) provision of practical assistance to individual states in solving crime problems, studying them (carried out mainly by the UN by sending appropriate experts);

6) exchange of information on sentences passed to citizens of the other party and on other issues;

7) execution of sentences ( social rehabilitation the convict is the most promising in his country - for this it is advisable to conclude bilateral agreements on the transfer of foreign prisoners).

The main regulatory sources of CBM are:

- Convention on Mutual Legal Assistance in Criminal Matters, 1959;

- Tokyo Convention on Offenses and Certain Other Acts on Board Aircraft, 1963;

- European Convention on International Recognition judgments in criminal cases 1970;

- 1970 Convention for the Suppression of Unlawful Seizure of Aircraft;

- Convention on the Prevention and Punishment of Crimes against Persons Using international protection, including diplomatic agents, 1973

2. Cooperation of states in the fight against international crime

International crime is the totality of all criminal acts committed during a certain period in states. At the same time, two main types of cooperation between states in the fight against international crime are distinguished: the conclusion of international treaties on various aspects of this activity and the participation of states in international organizations specializing in the fight against crime.

International treaties regulate the provision of legal assistance in criminal cases, extradition of criminals, transfer of convicts to serve their sentences to their countries of citizenship, protection of the rights of their citizens during their criminal prosecution in another state, exchange of operational and legal information, as well as carrying out joint preventive measures.

At present, such acts dangerous to the international legal order as international terrorism, crimes in air transport, mercenarism, counterfeiting, drug trafficking, slavery, the slave trade and torture have become widespread. Let us consider in more detail the international fight against international terrorism and slavery as one of the most striking examples.

International terrorism(from Lat. terror - fear, horror) - an act that is socially dangerous on an international scale, entailing senseless death of people, disrupting the normal diplomatic activities of states and their representatives and complicating the implementation of international contacts, meetings, as well as transport links between states. For modern international relations, the most dangerous type of terrorism is political terrorism. In the UN system, a 35-member Special Committee on International Terrorism was created. V indicative list acts of international terrorism include: assassinations of foreign heads of state and government, diplomats and other internationally protected persons; explosions and shelling of premises of embassies, missions, representations, headquarters of international organizations; attacks on living quarters and vehicles specified persons; acts of sabotage on the streets, airports, train stations and others in public places and etc.

The perpetrators of a crime are individuals, criminal groups or criminal organizations, all of whose members must be held accountable as accomplices committed crimes... The form of guilt can only be intentional, and the purpose is the desire to cause international complications or their deliberate admission.

The norms of the CBM oblige states to extradite terrorists to those states on whose territory terrorist attacks were committed, or to judge them according to their own laws.

Slavery and the slave trade are the legacies of a slave society. International cooperation to combat them began to take shape at the beginning of the 19th century. after the abolition of slavery in the United States. In 1815, at the Congress of Vienna, an act was adopted abolishing the trade in blacks, in 1841 - an agreement banning the transport of black slaves to America. In 1926, the Slavery Convention was adopted. The participating States pledged to completely abolish slavery in all its forms on their territories, to suppress the slave trade and to assist each other in the fight against these crimes. For the first time, recommendations were made for the gradual elimination of forced labor.

The following are recognized as crimes:

1. Abduction and sale of children for the purpose of using them as free work force, deprivation of one's own name and fundamental human rights. It is considered a crime to transfer their children to the service of wealthy persons for a fee by parents or guardians.

2. Domestic slavery of women by giving them in marriage for remuneration without the right of refusal, transferring a married woman on the same terms to other persons or by inheritance.

3. Debt bondage in the form of the debtor's labor, which is not taken into account in debt repayment and is not limited by the duration of the work and the nature of the work itself.

4. Serfdom of the land user, in which the user is obliged by law, custom or agreement to live and work on land belonging to another person, and to perform certain work for such a person, or for remuneration, or without it, and cannot change his state (Art. 1 ). The serfdom of the peasant cannot be justified by national law.

5. Forced and compulsory labor, regulated by the framework of national legislation. Such work is allowed only by a court verdict, for public purposes during liquidation natural Disasters, accidents, disasters, as well as in military service. This is also stated in Art. 8 of the International Covenant on Civil and political rights of 1966. However, the ILO Convention No. 29 on Forced or Compulsory Labor prohibits hard labor even after a court sentence.

3. International Criminal Police Organization (Interpol)

In 1923, the International Police Congress was convened in Vienna, in which 138 representatives from 20 countries, mainly European, as well as Japan, China and the United States, took part. Congress decided to establish the International Criminal Police Commission, as well as its charter. The headquarters of the organization is located in Vienna.

The period from 1923 to 1941 is characterized by the organizational and legal formation of the Commission. A system of registration of "especially dangerous persons" was created, as well as a card index of "international criminals", which in the 30s. XX century numbered over 100 thousand people. Cooperation between countries at that time was limited only to the exchange of information.

The Second World War suspended the activities of the Commission, which resumed only in 1946. However, it no longer met the requirements and realities of modern life. Therefore, in 1954, the participants in the session of the Commission decided to develop and adopt a new charter of the organization. The new charter was adopted in 1956 in Vienna. He consolidated the new name of the organization - the International Criminal Police Organization (Interpol), which has become an international intergovernmental organization. Her place of residence is Lyon (France).

The objectives of Interpol are:

- ensuring broad interaction of all criminal police bodies within the framework of national legislation and in the spirit of the Universal Declaration of Human Rights;

- creation and development of institutions that can contribute to the prevention and fight against criminal crime.

Interpol operates on the basis of the principles of non-interference in the internal affairs of states, respect for the legislation of states and international law, and the inadmissibility of interference in activities of a political, military, religious or racial nature.

Interpol primarily pursues criminal prosecutions. Political crimes, crimes against peace, humanity and war crimes are not the subject of his interests.

The main areas of activity of Interpol are:

- ensuring the interaction of internal affairs bodies of states in the fight against crime;

- collection and systematization of criminal investigation and other criminalistic information;

- participation in international wanted;

- informing national police officers;

- fight against crimes against person and property;

- fight against organized crime and terrorism;

- fight against illicit trafficking in drugs, weapons, precious metals and stones;

- fight against human trafficking, prostitution;

- fight against crimes of a sexual nature and against minors;

- fight against fraud and counterfeiting;

- combating crimes in the field of economics and credit and financial activities.

The structure of Interpol includes: General Assembly, Executive Committee, General Secretariat, national central bureaus, institute of advisers.

Interpol closely cooperates with other international organizations, primarily with the UN system of bodies, regional and non-governmental organizations. In particular, he takes an active part in the development of draft international conventions in the field of the international fight against crime in the framework of the work of various international organizations and conferences (for example, the UN Congresses on the Prevention of Crime and the Treatment of Offenders).

4. International Criminal Court

The most important factor in giving the system of international criminal law the character of integrity and completeness is the establishment of an independent permanent judicial authority UN - International Criminal Court. The International Criminal Court (ICC) is called upon to be the body of international criminal justice. The ICC Statute was adopted in Rome on July 17, 1998, it defines the types of international crimes, the order of work of the Court and the ways of its interaction with states.

The UN Secretary General, in his speech at the ICC Statute signing ceremony on July 17, 1998, said: “The establishment of the Court still offers hope for future generations and is a giant step forward towards the triumph of universal human rights law”.

The statute of the International Criminal Court was supposed to come into force after ratification by 60 states. On April 12, 2002, this milestone was crossed - the representatives of 10 states at a special ceremony at the New York headquarters of the UN handed over their instruments of ratification to the UN Secretary General Kofi Annan. The number of countries that have ratified the Statute has been brought to 66.

The ICC Statute has established jurisdiction over the following offenses:

1) genocide;

2) crimes against humanity;

3) war crimes;

4) crimes of aggression.

The jurisdiction of the ICC extends only to individuals.

The structure of the court is as follows:

1) the Presidium;

2) Appeals Division, Trial Division and Division pre-production;

3) the Office of the Prosecutor;

4) Secretariat.

The seat of the ICC is The Hague (Netherlands).

Topics for the report:

1. Types and forms of cooperation between states in the fight against crimes of an international character.

2. The legal status of Interpol.

3. Institute for extradition.

International criminal law (ICL) is a branch of international law, the principles and norms of which regulate cooperation between states and international organizations in the fight against crime, including its prevention.

As a branch of international law, CBM has all the characteristic features of this law. But it also has an essential feature - it established direct criminal liability of individuals for violation of the most important norms of international law. In other words, it introduces criminal responsibility into the mechanism of functioning of international law. Therefore, the chapter on CBM is placed after the chapter on the law of international responsibility.

Without establishing the criminal responsibility of individuals directly on the basis of international law, it is impossible to ensure the international legal order. During the Nuremberg Trials, it was emphasized that crimes against international law are committed by individuals. Thus, we are talking about an important step in the development of the mechanism of functioning of international law and about its significant maturity.

In the scientific literature, there are concepts of CBM, according to which it includes not only international standards, but also the relevant norms of domestic criminal law. The prevalence of such concepts is due to the close relationship between international and domestic criminal law. Such a conglomerate of norms of different legal nature is impossible. However, in the educational process, the joint presentation of both is quite justified.

CBM - new industry international law. At the same time, long before the emergence of international law, states cooperated in the fight against crime.

For the slave-owning states, the greatest danger was posed by slave uprisings. Therefore, they entered into agreements on mutual assistance in the suppression of these uprisings. In the treaty of the Egyptian pharaoh Ramses II with the Hittite king Hattushil III (1926 BC) it was said: “If Ramses becomes angry with his slaves when they start an uprising and goes to pacify them, then the Hittite king must act at the same time ".

Since Roman law, pirates have been viewed as enemies of the entire human race (hostis humanis generis). The Congress of Vienna in 1815 marked the beginning of the recognition of the crime of the slave trade.

In the literature, the concept of CBM appeared at the turn of the 19th-20th centuries. The existence of the industry was substantiated not so much by practice as by its logical necessity.

One of the first to formulate the concept was F.F. Martens. He wrote that the CBM “contains the totality legal norms determining the conditions of international judicial assistance of states to each other in the exercise of their punitive power in the field of international communication ”1. As you can see, the concept of CBM was very limited.

The beginning of the formation of the MUP was laid by the adoption after the Second World War of the statutes of the international military tribunals (Nuremberg and Tokyo). The Charters provide for the direct responsibility of individuals under international law for the most serious crimes, on their basis, international criminal courts were established to implement this responsibility.

In the following years, dozens of multilateral conventions were concluded to combat crimes affecting the interests of the international community as a whole. In 1993 and 1994 The UN Security Council has established international criminal tribunals for the former Yugoslavia and Rwanda. In 1998, the Rome Statute of the International Criminal Court was adopted.

In the formation of MUP important role played by the USSR and domestic science. The very idea of creating an international tribunal was put forward by the USSR in 1942. American professor J. Ginsburg writes that it was the USSR that introduced the most significant novelties to the Charter of the Nuremberg Tribunal, in particular the responsibility of individuals for waging an aggressive war. Another American professor, J. Quigley, referring to the CBM, notes that "in many important areas of domestic and international law, Soviet legal thinking influenced the West" 2. The contribution of domestic scientists to the development of international criminal law is, of course, very tangible.

Nowadays, MUP faces a new challenge of great importance- the fight against international terrorism and organized transnational crime in general. International terrorism, as experience shows, poses a threat national security even such a power as the United States. The fight against crime has become a global problem, it is inherent in every state, albeit to varying degrees, and has a growing impact on the functioning of the global system.

The problem is especially acute in Russia and other CIS countries. Organized crime controls at least 40-60% of private enterprises, 6% state enterprises and up to 85% of banks. The opportunities at its disposal are used to corrupt the state mechanism up to higher echelons authorities. The level of corruption of the state apparatus and the damage it inflicts on the economy is evidenced by the fact that entrepreneurs spend about 50% of their profits on bribes to officials. In terms of the level of corruption, Russia occupies one of the first places in the world. It all weighs heavily on the shoulders Russian people... Capital flight from Russia exceeded $ 350 billion, now it exceeds $ 1 billion every month.

The Russian National Security Concept points to crime as one of the main threats to national security. Threat of criminalization public relations becomes especially acute. The main threats are organized crime, corruption and terrorism. "Expansion of mutually beneficial international cooperation in law enforcement" is indicated as one of the means of combating crime.

Organized crime has managed to take advantage of not only the economic, but also the political and legal system of modern society. It constantly improves its forms and methods, puts at its service the latest achievements of science and technology, as well as highly qualified personnel. A characteristic feature of organized crime is the widespread use of international relations.

The report of the UN Secretary General K. Annan on UN reform says: “The access of illegal groups to high information technology and weapons, as well as to the various institutions with the help of which the global market economy, have significantly increased the potential of power and influence of these groups, posing a threat to law and order, as well as legitimate economic and political institutions. "

The fight against organized crime requires more and more active cooperation between states. The UN is paying increasing attention to this problem. In 1994, for the first time in history, a conference was convened in Naples the highest level which adopted the Global Plan of Action against Transnational Organized Crime.

The significant role of CBM in the framework of cooperation in the fight against organized crime poses extremely difficult challenges for the industry. This predetermines the intensity of development and the growth of the significance of this right.

According to MANY scientists, CBM is at the stage of active formation and development. It is possible to distinguish several stages of formation in the historical progression, since some of its institutions got their beginning during the period of the emergence of state and law.

Stage I. The period of the slave system and feudalism, when separate interstate norms appeared in relation to specific crimes. Bilateral cooperation is characteristic, the main purpose of which, first of all, is the protection of internal state interests... Even in the slave states, the rulers agreed among themselves about joint efforts to suppress uprisings and other actions of slaves.

Treaty of 1296 BC NS. between the Hittite king Hattusic III and Egyptian pharaoh Ramses II - contains norms on suppressing uprisings and extradition of criminals.

Similar agreements were concluded by other slave states: Mesopotamia, Rome, Greece. In the same period, norms for the treatment of prisoners of war and their exchange appeared.

Since the formation of the state, the Eastern Slavs have concluded treaties with neighboring states on the provision of assistance in criminal matters.

The Treaty of Prince Oleg with Byzantium in 911 - contains mutual obligations to prosecute and punish murders, injuries, theft, robbery and other crimes.

A number of treaties provided for the issue of extradition of criminals for acts committed in a neighboring state. Extradition issues were stipulated by treaties of many European states of the Middle Ages.

Treaty of 1303 between the kings of England and France.

However, international customs and treaties of the period of slavery and feudalism did not allow states to extend their rights and jurisdiction to the territory of other countries. During this period, the foundations of the international custom of granting diplomatic privileges and immunity to ambassadors were formed, including the immunity of diplomats from prosecution for a crime committed by them on the territory of the receiving state. The content of the institution of extradition of criminals is changing significantly, which is due to the legalization of the right of asylum, which included the non-extradition of persons persecuted for political beliefs to the authorities.

Stage II. The period of development of capitalism - the development of interstate relations demanded the strengthening of international legal interaction already in the interests of interstate relations, but a limited number of participants - mainly bilateral agreements. In addition, there is a gradual humanization of society and the emergence of norms that establish rules for the conduct of hostilities, the violation of which is considered a crime.

The active formation of national criminal law is characteristic of the period of bourgeois-democratic revolutions, while in many countries the types of crimes coincided, and it was not difficult for states to agree on legal assistance in criminal matters.

One of the oldest crimes of an international character is piracy, for which a criminal

pursuit in ancient Rome and ancient China. Pirates were engaged not only in sea robbery, but also in the slave trade. However, at the beginning of the 19th century, the international community began to actively condemn the human trafficking that still existed in a number of countries. Under pressure from the public and various historical events that took place during that period (the war between the North and the South in America), African trade was first condemned at the Congress of Vienna in 1815. And in 1842, the London Treaty between Great Britain, Prussia, Russia and France equated the slave trade with piracy. The parties to this treaty gave the warships of their countries the right to stop and search ships flying the flag of the participating State in case of suspicion of the slave trade, to release the slaves and transfer the perpetrators to prosecute. Subsequently, several more international agreements were adopted, providing for the actions of the participating States to suppress the slave trade 4.

The international legal regulation of the issues of extradition of criminals also developed. It was this institution of international criminal law that was most developed at that time.

With the emergence of the bourgeoisie and the development of capitalist relations, the internal criminal law of states is being improved. In the criminal laws of a number of European countries, norms appear on crimes against peace, against the good-neighborliness of states, which today are called international crimes. Of course, these norms of that time pursued mainly the goal of ensuring the national external security of the state, and not the preservation of peace between peoples and states. At the same time, they contributed to the formation of international legal norms and customs for combating international crimes against peace, maintaining friendly relations between states.

French Code of 1791, Code of Napoleon of 1810, Code of Criminal and Correctional Punishments 1845 of Russia.

The development of national criminal legislation of states in the XIX century. occurs under the influence of international relations. The number of crimes with a foreign element is increasing. States increasingly provide for criminal liability in their laws, the fight against which requires the coordination and international cooperation of the countries of the entire world community.

The sphere of international cooperation of states in the field of combating crime began to include not only issues of extradition, the operation of the law in space, but also of countering a number of crimes of an international nature, piracy, the slave trade, counterfeiting of banknotes, the collision of ships and the failure to provide assistance at sea.

In 1889, on the initiative of European criminologists, the International Union of Criminal Law was established, which made an appeal to all states to cooperate in improving international criminal law, to study and suppress international crimes by carrying out international police measures agreed by the states 5.

The concept of international criminal law appeared at the turn of the 19th and 20th centuries. Actually international criminal legal regulations were still at the inception stage, states were looking for ways to resolve issues of jurisdiction, punishment, determination of acts infringing on the interests of several states, posing a threat to the stability of interstate relations. During this period, the science of international law was actively developing, including in criminal matters (F.F.Martené, N. S. Tagantsev, I. M. Kornukov).

The concept of international criminal law was based more on logical reasoning about the need for such a branch of international law. The main issues of the concept were the delimitation of the criminal jurisdiction of states and legal assistance. According to Professor F.F.Martens, international criminal law includes a set of legal norms that determine the conditions for international judicial assistance

states to each other in the exercise of their punitive power in the field of international communication.

Stage III. A period of two world wars, the results of which required the creation of a concept of international security, protection of civilians, and the development of common interstate standards for prosecuting war criminals. The post-war period is also characterized by the development of international legal regulation of crimes of an international nature, which hinder the normal economic and social development of states, affect their security, which is reflected in the world community as a whole. The doctrine of international criminal law is also actively developing.

The development of international law in general and international criminal law in particular was influenced by the First World War. The need to punish those responsible for the war was confirmed.

The Versailles Peace Treaty of 1919 - established the criminal liability of individuals for committing crimes against peace and other acts that go beyond the scope of national criminal law.

Taking into account this document, draft documents were developed to prosecute Kaiser Wilhelm II and his associates for war crimes. However, due to the vagueness of the wording of the criminal acts, the unclear procedure for the formation and activities of the court competent to consider such cases, and also due to the fact that the irreversibility of responsibility for aggression has not yet become a principle of international criminal law, these persons remained unpunished.

In 1927, the 1st International Conference on the Unification of Criminal Law was held in Warsaw. As a result of her activities, crimes of an international character that infringe on the international legal order were: piracy, slave trade, trafficking in women and children, pornography, illegal drug trafficking, counterfeiting of metallic money and government securities. At subsequent conferences, attempts were made to define the concept of international terrorism, to unify the rules on the extradition of criminals and the law political asylum, on the protection of cultural values of peoples.

Gradually, during this period, norms on international crimes were also developed. The Peace Decree of 1917 Soviet Russia for the first time, it was declared that aggression is the greatest crime against humanity. The first multilateral international treaty that banned aggression and declared it an international crime was the Paris Pact of 1928 (the Briand-Kellogg Pact), which does not contain the very concept of aggression.

The beginning of the codification of international criminal law is the adoption of the Charter of the International Military Tribunal of 1945 and the sentencing of the main Nazi criminals by the Nuremberg Tribunal. The Charter of the Nuremberg Tribunal has classified international crimes. Highlighted crimes against peace, war crimes and crimes against humanity. These norms were later enshrined in the Charter of the International Military Tokyo Tribunal of 1946. And the UN General Assembly, by a special resolution of 1946, confirmed the principles of international law enshrined in the Charter of the Nuremberg Tribunal and embodied in the judgment of the Tribunal as universally recognized.

Clarification of the list of international crimes was given in the 1968 Convention "On the Non-Application of Statutory Limitations to War Crimes and Crimes against Humanity." The UN Charter confirmed the principles of international law and prohibited the use of force in interstate relations.

At present, the concept of international criminal law is generally recognized in doctrine and is enshrined in a number of UN General Assembly decisions. One of the UN General Assembly resolutions notes

the need for further development of the CBM in order to ensure a successful fight against international crime.

In the second half of the 20th century, important international legal norms in the field of international criminal law were developed and adopted. A certain contribution to the development of the institution of international crimes was made by the International Law Commission (1947), which, on behalf of the UN General Assembly, is still engaged in the development of a draft Code of Crimes against the Peace and Security of Humanity.

Stage IV. The period of the late XX century. and up to the present time - the need to revise the existing order of international security, to strengthen interstate actions against international crimes, the emergence of more stringent international legal norms (the Convention against Transnational Organized Crime in 2000, the Convention on the Suppression of International Terrorism, etc.).

End of XX century characterized by the development of major national conflicts, the solution of which as a result moved to the international level, since at a certain moment it became necessary to maintain a certain level of international security.

In 1993, the UN Security Council adopted the Charter of the International Tribunal for Yugoslavia; 1994 - Statute of the International Tribunate for Rwanda. In 1998. at the diplomatic Conference of plenipotentiaries of states under the auspices of the UN, the Statute of the International Criminal Court was adopted, the main purpose of which is to bring to criminal responsibility individuals who have committed crimes against the peace and security of mankind (international crimes). The statute entered into force on July 1, 2002. To date, several cases are already at the stage of investigation by the international criminal court.

The period under review is also characterized by the continuation of the codification of crimes of an international character through the adoption of international Conventions:

1998 Convention on the Transfer of Sentenced to Imprisonment for Further Serving of Sentence;

2000 UN Convention against Transnational Organized Crime;

The Shanghai Convention on the Suppression of Terrorism, Separatism and Extremism 2001;

2005 Council of Europe Convention on the Prevention of Terrorism and other international agreements.

The states cooperate in the field of combating international crime at the regional and bilateral level. The Council of Europe adopted the 1990 Convention on Money Laundering, 1999 Criminal Law Convention and others.

Currently, there are a large number of international agreements of states on the provision of legal assistance in criminal cases and the unification of efforts to prevent and suppress crimes affecting the interests of several states. A certain impetus to the development of interstate relations in the fight against crime was given by the tragic events of September 2001 and the subsequent terrorist acts that took place in different countries of the world. As a result, the national legislation of a number of states was improved, international conventions were adopted, and on some issues the countries began to cooperate more actively and fruitfully.

As a conclusion on the consideration of the issue of the formation of international criminal law, the position of V.P. Panov should be cited: “The formation and development of international criminal law is carried out as a result of the constant growth of international crime. Being a forced and necessary measure, cooperation between states in this area is constantly being improved on a legal basis ... The number of crimes infringing on the international legal order is growing. The main object of their criminal encroachment is international law as a regulator of relations in the field of combating crime. "

International criminal law is a system of principles and norms governing cooperation between states in the fight against crimes stipulated by international treaties.

At present, there is practically no doubt about the fact that international criminal law was formed precisely as a branch of international law.

The formation of this branch of international law can be attributed to the XIX century.

However, individual institutions of this branch of international law began to form much earlier. First of all, this applies to the institution of extradition (extradition of criminals). Back in 1296 BC. an agreement was concluded between the Hittite king Hattusil III and the Egyptian pharaoh Ramses II on the extradition of fugitive slaves, who, according to the laws of that time, were criminals. The agreement read: "If someone escapes from Egypt and leaves for the country of the Hittites, then the king of the Hittites will not detain him, but will return him to the country of Ramses."

But it was in the 19th century that states were most active in matters of cooperation in combating international criminal offenses. An example of this is the Congress of Vienna in 1815, at which special Declaration in relation to slavery and the slave trade. In 1818 the Aachen Congress declared slavery and the slave trade criminal. Literally two decades later, the treaty between Russia, Austria, England, France and Prussia (1841) equated the slave trade with piracy and the warships of the countries participating in the treaty, it was given the opportunity to stop and search the ships suspected of the slave trade, free slaves and deliver the guilty to the authorities justice.

At the turn of the century. in the domestic science of international law

N.M.Korkunov and F.F.Martené were involved in the development of international criminal law. N. M. Korkunov substantiated the need to improve international criminal law, and F. F. Marten devoted a separate chapter to international criminal law in his book "Contemporary international law of civilized peoples" 2.

In general, in the modern science of international law there is no unified approach to understanding the legal nature of international criminal law. In this regard, the scientific literature is very extensive. Problems of international criminal law were covered by A.M.Bastrykin, I.P.Blishchenko, S.V. Borodin, L.N. Galenskaya, V.E. Grabar, N.V. Zhdanov, G.V. Ignatenko, L.V. . Inogamova-Khegai, I. I. Karpetsom, E. G. Lyakhov, V. O. Merkushin, L. A. Modzhorian, V. S. Ovchin-

Cit. Quoted from: V.P. Panov. International criminal law. M., 1997.S. 8.

Korkunov N.M.Experience in the construction of international criminal law // Journal of criminal and civil law. SPb., 1889. No. 1; Marten FF Modern international law of civilized peoples. SPb .. 1905.Vol. 2.

§ 1. The concept and formation of international criminal law

Skim, V.P. Panov, N.I. Pashkovsky, K.S.Rodionov, V.V. Ustinov and others.

It should be noted that experts in the field of international law in the West and in Russia admitted the possibility that criminal-legal problems arising in connection with the commission of acts of a criminal nature may manifest themselves in the field of interstate relations.

It can be said that the issue of the criminality of the actions of both state bodies and individuals arose within the framework of international law, primarily in connection with wars that cause irreparable damage to states and the entire world community. The criminality of war, unlawful methods of conducting armed conflicts - this is the basis on which international norms of criminal responsibility of individuals began to emerge.

The beginning of the codification of international criminal law can be considered the adoption in 1945 of the Charter of the International Military Tribunal. Further, the codification process was reflected in the Charter of the Tokyo Tribunal of 1946, the Charter of the International Tribunal for Yugoslavia in 1993, the Charter of the International Military Tribunal for Rwanda in 1994 and the Statute of the International Criminal Court in 1998.

A huge role in the formation of international criminal law was played by the conventions banning slavery and the slave trade; criminality and punishability of counterfeiting; terrorism; illegal circulation of narcotic drugs and psychotropic substances, etc. These agreements, as well as agreements on legal assistance in civil, family and criminal cases and agreements on the extradition of criminals constitute the bulk of sources of international criminal law.

General and specific principles are the foundation of international criminal law, the core of its system. The general principles of this industry include the principle of the non-use of force and the threat of force, the principle of peaceful resolution of international disputes, the principle of non-interference in the internal affairs of states, the principle of respect for human rights and fundamental freedoms, and the principle of cooperation. Special principles of international criminal law were enshrined in the Charter of the 1945 International Military Tribunal, the 1948 Universal Declaration of Human Rights, the 1966 Covenant on Civil and Political Rights, the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. principles can be divided into two groups, depending on the sources of reinforcement.

The first group includes the principles recognized by the 1945 Charter of the International Military Tribunal: prohibition of aggressive wars; inevitability of criminal punishment for crimes against international law; the official position of a person who has committed an international crime does not relieve him of personal responsibility; if the state does not establish punishment for actions that are classified by international law as crimes against peace and humanity, then this is not a circumstance that exempts the perpetrator from international criminal responsibility; non-application of statute of limitations to war criminals, etc.

Chapter XX. International criminal law

The second group of special principles is made up of norms enacted in acts aimed at protecting human rights and fundamental freedoms. These include: the presumption of innocence; prohibition of propaganda of war, slavery, torture and other cruel, inhuman or degrading treatment or punishment; coercion to testify and confess guilt; administration of justice only by the court; publicity of the trial; equality of persons before the law and the court; the right to defense, to a free translator in court, to appeal against a court verdict; the right of those deprived of their liberty to be treated humanely and with dignity.

Thus, international criminal law is a system of universally recognized international legal principles and norms governing cooperation between subjects of international law to prevent crimes and bring perpetrators to justice for committing international crimes and crimes of an international character, providing judicial assistance, conducting an investigation, criminal prosecution and trial, application and enforcement of penalties, appeal and review of court decisions.

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