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Concerned with Israel's history and future, the Bible devotes considerable space to war—the most powerful catalyst of change in the lives of nations. The biblical authors often display a consciousness of illicit activities in wartime, anticipating what we would call today "war crimes" or "military crimes." And they also produced the first known examples of written laws of war. While the so-called Code of Hammurabi from Mesopotamia contains stipulations for soldiers, it is concerned with methods of conscription, military discipline, and concerns of soldiers' families—yet not conduct on the battlefield. Ancient cultures from the Aegean and Western Asia, however, do reflect a general sense of what one deemed to be "lawful" conduct for armies. In some places they even moved in the direction of formal law. Setting a precedent for later international law and war conventions, some ancient Greek city-states formed interstate leagues ("amphictyonies") and took oaths that they would not destroy each other's cities (and especially their municipal water sources). Similarly, in the fifth book of Plato's Republic, Socrates argues for the necessity of a law sanctioning Hellenic armies that lay waste to arable land. In the Hebrew Bible, we find an even more deliberate effort to define and depict what actions are permissible and forbidden in wartime.

The article addresses the problem of military crimes in classical Athens based on the analysis of the speeches of Attic orators. First of all, the attention is drawn to the classification of crimes mentioned in speeches. In particular, the starting point for this study is the fragment from Andocides listing various types of military crimes: service evasion, desertion, cowardice, abandoning of shield, and non-participation in a naval battle. The article also examines cases related to violations of military discipline, which, apparently, stood apart from other types of crimes, which may be due to their lesser severity and punishment. In general, the issues under study in the article are considered from two perspectives: firstly, the reasons for the orators' appeal to the topic of military crimes, and, secondly, the analysis of the cases of crimes themselves and their interpretation by the orators. The authors come to the conclusion that the orators did not specifically address the topic of military crimes, with the exception of Lysias, whose two speeches are devoted to accusing Alcibiades the Younger of evading service and of desertion. The facts of military crimes, as a rule, were used to create a negative characterization of a person or were part of an accusation of another crime. In addition, a very free interpretation of these facts could take place, when orators made an attempt to accuse a person of several crimes at once, as, for example, with regard to Alcibiades the Younger and Leocrates. The case of Demosthenes, is, in fact, unfounded accusation of desertion by his political opponent Aeschines. However, according to the sources, the allegations of abandoning of arms could be regarded as slander, for which punishment was provided. There are no cases associated with non-participation in a naval battle referred to by orators, which may be due to the difficulty in identifying these facts and a small number of naval campaigns compared to those on land.

The article analyzes the specifics of the application of special legal norms provided for in Articles 11 and 12 of the Criminal Code of the Russian Federation: on the operation of the criminal law against persons who committed a crime on a military ship or military aircraft of the Russian Federation; on the operation of the criminal law against military personnel of military units of the Russian Federation stationed outside the Russian Federation. It is stated that full criminal jurisdiction extends to: warships or military aircraft of the Russian Federation, regardless of their location; troops in combat conditions, as well as on the territory of military units stationed in peacetime, if there is no bilateral international agreement or if this is directly determined by the relevant international treaty; military personnel during service as part of a special military contingent of international organizations (UN, CSTO, etc.). Limited criminal jurisdiction it is established by a bilateral international agreement. The issues of extradition of military personnel and jurisdiction of criminal responsibility of prisoners of war are considered. Based on the above, the relevant conclusions and proposals for improving the Criminal Code of the Russian Federation are formulated.

Transnational organized crime (TOC) is among the most pressing new challenges to international security due to both its direct economic and social repercussions and the threat it poses to the very institution of the sovereign state. This problem is particularly acute in the countries of Latin America and the Caribbean (LAC), which are marked by exceedingly high rates of TOC activity and influence of cross-border criminal groups. This study identifies current trends in the development of TOC in the region, as well as the approaches of the Latin American countries to combating it. In the first section the author advances a hypothesis that TOC is not an anomaly, but an integral part and an attribute of globalization. From this point of view, cross-border criminal groups may be perceived as a specific kind of TNCs. The second section considers the key trends and specific features of organized crime development in LAC countries. The author shows that cross-border criminal groups and TNCs share a number of common traits. In particular, their activities contribute to the erosion of national sovereignty as they seek to oust states from their sphere of interests by both legal and illegal means. The third section examines the current approaches of LAC countries to combating cross-border criminal groups. The author emphasizes the growing role of the armed forces in fighting organized crime, and the increasing militarization of public security on the whole. On the one hand, this trend towards the 'policialization' of armed forces shows that the authorities of Latin American states recognize the threat posed by cross-border criminal groups. On the other hand, it indicates their inability to counter this threat effectively. The author concludes that the TOP problem is unsolvable within the existing system of public relations in LAC countries, since it is rooted in the very nature of the current model of globalization.

Includes index. ; Interleaved with lined pages. ; Mode of access: Internet.

The article discusses the general provisions of the study of issues of war crimes, namely the excess by a military official of authority or official authority in modern realities. The author conducts a comparative analysis of the point of Article 426-1 of the Criminal Code of Ukraine with its predecessor, explores the point of view of domestic scientists regarding the concept of the object and subject of crime, the excess of military authority or official authority by a military official. The concept of military crime is based on the definition in the Criminal Code of the general concept of crime, formulated in Part 1 of Art. 11 of the Criminal Code ("The crime is a socially dangerous act (act or omission) committed by the subject of the crime under this Code"), and is a derivative of it. In addition, it also has a number of specific features that follow from the content of Art. 401 of the Criminal Code. These characteristics are: 1) a separate and relatively independent object of these crimes (ancestral object) - the procedure established by the legislation of Ukraine for carrying on or passing military service; 2) the special subject of the crime is a serviceman, as well as a conscript during the training (or testing) or special meeting; 3) so-called "military wrongfulness" - recognition of an act of crime only if it is directly provided for by the relevant article of section XIX of the Special part of the Criminal Code and at the same time related to violation of the rules of the law governing the order of military service or the rules of co-operation in military collectives. With regard to the notion of exceeding a military official or authority, it is necessary to identify features that are specific to the concepts that characterize general offenses. The object of the crime of excess by a military official or authority in the form of non-statutory methods of influence is the honor and dignity of the subordinate, and in the use of violence against the subordinate - life, health, will, honor and dignity of ...

У статті аналізується об'єктивна сторона військових злочинів, яка зумовлюється об'єктом. Порушення встановленого порядку несення військової служби є основою механізму спричинення шкоди нормальній діяльності воєнної організації України. Особлива увага приділена способу вчинення військових злочинів. ; The article analyzes some features of the objective side of military crimes. Particular attention is paid to the way they are committed. Violation of the established order of carrying out military service is the basis of the mechanism of causing harm to the normal activities of the military organization of Ukraine.Each of the entities that ensure the normal operation of the military organization, can itself become a subject of internal threats to this activity. Specificity of these threats is mainly determined by various offenses that dysfunction the activities of certain units of the military organization, and in certain cases it is a violation not within the military organization, but outside.When it comes to cases of violation of the normal activity of a military organization from within by committing various offenses, including crimes, the internal mechanism of causing harm is schematically as follows:1. a serviceman violates the duties assigned to him;2. due to such illegal activities, the objects of criminal legal protection and public relations that ensure the normal activities of the military organization of Ukraine are harmed, which is manifested in the reduction of the level of military discipline, military-professional training, combat training, lack of personnel, combat equipment and armament, unsatisfactory organization of the carrying out of various military services and the like;3. the legal structure of public relations of military service is deformed as a system, and the military organization, not achieving its goals, begins to dysfunction;4. as a result, this leads to a decrease in the level of combat readiness of the military organization for the armed defense of Ukraine.Violations of special rules of conduct are characterized by the failure of the person to meet the requirements that are imposed. The external manifestation of this behavior is in relation to the offender first of all to the normative prescriptions (norms, rules). The section of the ХІХ of the Criminal Code of Ukraine contains references to the following ways of committing a crime: (a) with the use of weapons; (b) the com- mission of violent acts; (c) committing other violence; (d) the use of violence; (e) violence or ill-treatment; (f) committing acts that have the character of bullying or mockery; (g) poor treatment or special cruelty; (h) arson or other generally dangerous method.

У статті аналізується об'єктивна сторона військових злочинів, яка зумовлюється об'єктом. Порушення встановленого порядку несення військової служби є основою механізму спричинення шкоди нормальній діяльності воєнної організації України. Особлива увага приділена способу вчинення військових злочинів. ; The article analyzes some features of the objective side of military crimes. Particular attention is paid to the way they are committed. Violation of the established order of carrying out military service is the basis of the mechanism of causing harm to the normal activities of the military organization of Ukraine.Each of the entities that ensure the normal operation of the military organization, can itself become a subject of internal threats to this activity. Specificity of these threats is mainly determined by various offenses that dysfunction the activities of certain units of the military organization, and in certain cases it is a violation not within the military organization, but outside.When it comes to cases of violation of the normal activity of a military organization from within by committing various offenses, including crimes, the internal mechanism of causing harm is schematically as follows:1. a serviceman violates the duties assigned to him;2. due to such illegal activities, the objects of criminal legal protection and public relations that ensure the normal activities of the military organization of Ukraine are harmed, which is manifested in the reduction of the level of military discipline, military-professional training, combat training, lack of personnel, combat equipment and armament, unsatisfactory organization of the carrying out of various military services and the like;3. the legal structure of public relations of military service is deformed as a system, and the military organization, not achieving its goals, begins to dysfunction;4. as a result, this leads to a decrease in the level of combat readiness of the military organization for the armed defense of Ukraine.Violations of special rules of conduct are characterized by the failure of the person to meet the requirements that are imposed. The external manifestation of this behavior is in relation to the offender first of all to the normative prescriptions (norms, rules). The section of the ХІХ of the Criminal Code of Ukraine contains references to the following ways of committing a crime: (a) with the use of weapons; (b) the com- mission of violent acts; (c) committing other violence; (d) the use of violence; (e) violence or ill-treatment; (f) committing acts that have the character of bullying or mockery; (g) poor treatment or special cruelty; (h) arson or other generally dangerous method.

Розглянуто систему військових злочинів та її ознаки. Визначено місце інституту військових злочинів у системі кримінального законодавства України. Охарактеризовано критерії систематизації, показано зв'язок між системою військових злочинів та іншими системами Кримінального кодексу України. ; The system of military crimes and its signs are considered. The place of the institute of military crimes in the system of criminal legislation of Ukraine has been determined. Criteria of systematization are characterized, the relationship between the system of war crimes and other systems of the Criminal Code of Ukraine is shown. The system of military crimes (as well as any other crimes) is important both theoretical and practical: first, it provides an opportunity to identify the most significant features inherent in military crimes; and second, due to these signs, the latter differ from each other; thirdly, the system of such crimes permits the separation of war crimes from non-military (ordinary or special-criminal), which is a prerequisite for their proper qualification, which, in turn, embodies the principle of the lawfulness of criminal law. The value of systematizing military crimes lies in their most important and stable functional relationships with various branches of law and allows for legal identification with sectoral legal systems, for example, with administrative and military law, through such logical terms as concepts, judgments and inferences. The main purpose (function) of the existence of an institution of military crimes is, undoubtedly, the protection of social relations that arise and exist between the state and the serviceman (military and reservists) in the process of bearing them an appropriate form of military service, which consists in the professional activity of its fit for state of health and age of citizens of Ukraine, foreigners or stateless persons, connected with the defense of the state, its independence and territorial integrity. So, the totality of military crimes has all the signs of the system, which characterizes the system-forming factor – a factor that determines the origin of the system itself. ; Рассмотрены система воинских преступлений и её признаки. Определено место института воинских преступлений в системе уголовного законодательства Украины. Охарактеризованы критерии систематизации, показана связь между системой воинских преступлений и другими системами Уголовного кодекса Украины.

This article analyses a new element in the Czech criminal law-Military Bias Crimes. They are included in the new Criminal Code 40/2009 Coll., Sect. XII. The bias motive is characterized by a prejudice against race, ethnicity, nationality, political belief, religious belief or atheism, but not against the so-called sexual orientation, in contrast to the situation in the US. Perpetrators of some military bias crimes, § 378, § 379, § 380, can be not only soldiers, prisoners of war, but also members of security corps (Police, Security Intelligence Service etc.). Up to now, the use of these new norms of the Czech penal law has been limited.

Este articulo presenta algunas conclusiones sobre la constatación en la extinción de las acciones jurídicas de acuerdo al alcance de la producción de un resultado homogéneo al marco jurídico penal militar, bajo las pautas jurisprudenciales emitidas por la estructura jurisdiccional y plantea la pregunta problema ¿el incremento de los términos por parte de la Corte Suprema de Justicia configura una vulneración al sistema de enjuiciamiento penal militar? En este sentido, la evaluación provisional acerca del eje temático ut supra, se fundamenta desde los principios de igualdad, especialidad y debido proceso desde el punto de vista de la Ley 522 de 1999. ; Resumen.2 Introducción.4 Metodología.6 A. La diferenciación como fenómeno jurídico de la prescripción.7 I. La esfera intrínseca que reviste la fuerza armada.10 B. El portento sobre la prescripción en el sistema de enjuiciamiento militar.14 I. El principio de Igualdad.16 II. El principio de Especialidad.19 III. Las formas del juicio penal militar y el debido proceso.21 Conclusiones.25 Referencias.28 ; This article presents some conclusions on the finding in the termination of legal actions according to the scope of production of a homogeneous outcome to the military criminal legal framework, under the jurisprudential guidelines issued by the judicial structure and raises the question problem does the increase in terms by the Supreme Court of Justice set up a violation of the military criminal prosecution system? In this sense, the provisional assessment of the thematic axis ut supra is based on the principles of equality, a speciality and due process from the point of view of Law 522 of 1999. ; Este artigo apresenta algumas conclusões sobre a constatação na extinção de ações judiciais de acordo com o escopo da produção de um resultado homogêneo ao quadro legal penal militar, sob as diretrizes jurisprudenciais emitidas pela estrutura jurisdicional e levanta a questão problema: o aumento de Os termos do Supremo Tribunal de Justiça estabelecem uma violação do sistema de acusação criminal militar? Neste sentido, a avaliação provisória do eixo temático ut supra baseia-se nos princípios de igualdade, especialidade e devido processo, do ponto de vista da Lei 522 de 1999.

The article contains a complex analysis of the correlation between the notions of «military crime» and «the composition of a military offense». The author supports the position that the notion of «military crime» is specific to the generic concept of «crime», enshrined in art. 11 of the Criminal Code of Ukraine.In order to consider the notion of «war crime» it is necessary to conduct a comprehensive analysis of the composition of the military crime, the signs and elements of which have their imprint in the notion of «military crime». These legal categories are in close interconnection, complementing one another.The signs that are inherent in the composition of any military offense are equally in the concept of a «military crime», but if the elements of the crime are clearly grouped within the relevant element, then it is uncharacteristic for the notion of «military crime».The presence of a legislative definition of the concept of «military crime» and the scientific concept of «composition of military offense» makes it possible to correctly solve a number of practical issues of qualification of crimes, such as: demarcation, competition, aggregate, complicity and others. Undoubtedly, as the notion of a lower level, the notion of «military crime» is based on the general concept of «crime», is derived from it, therefore, having common signs of a crime, military crimes have their own specific features that distinguish them from other «non-military» crimes.The public danger of war crimes is characterized by high-ranking categories – military security of the state: a) the state of combat capability of the Armed Forces of Ukraine and other military formations; b) the ability to perform the task posed by the state; c) the protection of the country from possible military aggression. Any war crime undermines the combat capability of military units, which, in consequence, causes significant damage to it and, eventually, military security of the state. ; Проведен комплексный анализ соотношения понятий «воинское преступление» и «состав воинского преступления». По мнению автора, эти понятия дополняют друг друга и их необходимо рассматривать в совокупности. Функциональное значение состава преступления как юридической конструкции так называемой «идеальной мысленной модели» и его приспособление к конкретным жизненным ситуациям дает возможность сформулировать его в качестве инструмента квалификации преступления и его юридической модели. ; Здійснено комплексний аналіз співвідношення понять «військовий злочин» та «склад військового злочину». На думку автора, ці поняття доповнюють одне одного і їх необхідно розглядати разом. Функціональне значення складу злочину як юридичної конструкції так званої «ідеальної уявної моделі» і його пристосування до конкретних життєвих ситуацій дає змогу сформулювати його як інструмент кваліфікації злочину та його юридичної моделі.