REGARDING CERTAIN FORMS OF WAR CRIMES UNDER ARTICLE 438 OF THE CRIMINAL CODE OF UKRAINE

Abstract

This article asserts that war is one of the most destructive phenomena of our time. It
is noted that the history of wars has led the international community to establish norms, the violation of
which is recognized as a war crime. It is noted that despite the existence of these norms even today,
certain countries, influenced by imperialist and revisionist ideas, wage wars of aggression, which are
accompanied by violations of international law and the commission of war crimes, respectively. The
article analyzes key publications devoted to the study of war crimes as violations of international
humanitarian law and national legislation, which provide for liability for the commission of war crimes.
Attention is drawn to the need for legal regulation of the concept of a war crime, as this could improve
the quality of Ukraine’s current criminal liability legislation. It is noted that contemporary legaltheoretical
definitions formulated by modern scholars depend on the methodological approaches used
by the authors in formulating concepts of this kind. This article presents definitions of war crimes
proposed by various authors. It notes that these definitions depend to a significant extent on the forms
of war crimes. The article outlines the forms of war crimes provided for in Article 438 of the Criminal
Code of Ukraine. It notes that two forms of war crimes are characterized by a high degree of reference
to international law. To correctly classify these acts, legal practitioners must refer to the norms of
international law or international treaties. The article notes the absence of a comprehensive list of
international legal norms, the violation of which results in the use of means of warfare, as well as
international treaties, the violation of which constitutes a breach of the laws and customs of war.
Emphasis is placed on the need to harmonize the provisions of Ukraine’s current criminal legislation
with those of international law and international treaties.