Features of responsibility of commanders during the war

Provisions on international cooperation of states for the purpose maintaining peace and security are fundamental in system norms contained UN Charter. War as a means resolving disputesis prohibited by law. According to Clause 4 Art. 2 Charter «all members United Nations shall refrain their relations from threat or use force, both against territorial integrity political independence any state, other manner incompatible with purposes UN.»Despite this, analysis modern shows that humanity has not yet managed get rid wars armed conflicts, which mostly conflicts non-international nature. This is evidenced events former Yugoslavia, Rwanda, Afghanistan, Iraq, Liberia, Caucasus, since 2014 Ukraine been an exception, conflict whose territory February 24, 2022 grown into fullscale war waged Russian Federation scale Europe knew Second World War.Modern characterized change nature conflict, emergence number new categories situations, increase victims among civilian population, increasinginternationalization noninternational In this regard, question attracting commanders forces extremely urgent, especially conditions ongoing full-scale unleashed Russia.There few cases when, during after its end, guilty military personnel direct indirect brought criminal responsibility violating laws customs war. That why authoraims analyze legal documents answer debatable question: should commander be responsible his subordinates if he did know wha t they were doing?In article, author refers Hague Conventions Laws Customs 1899 1907 Additional Protocol I 1977 Geneva 1949 Protection Victims.Special attention paid provisions statute International Criminal Court Tribunal essentially form doctrine violations subordinates.The article provides examples judicial practice criminalizing convicting General Yamashita crimes case Muchic Yugoslavia.This actually confirms relevance application humanitarian law national legislation points significant gaps cannot filled without help whole. With work, tries draw domestic legislators problems implementing Ukraine, single out most important directions area.