THE CONCEPT OF POLITICAL WILL IN MATTERS OF INTERNATIONAL RESPONSIBILITY FOR THE COMMISSION OF WAR CRIMES

Abstract

It is important to note that responsibility for committing international war crimes is regulated by international humanitarian law and international criminal law. The main problem of their effectiveness at the moment is the inconsistency of the current norms of national and international legislation with the modern realities of conducting hostilities, since the latest crimes committed by the aggressor against Ukraine and the Ukrainian people are simply not provided for in the legislation as war crimes, or as crimes in general, since changed during many decades of warfare. In the course of the study of works, the modern opinions of the concept of political will, the theoretical and legal foundations of the application of political responsibility by international organizations were analyzed; the concept of international legal responsibility; methodological principles of compensation for material and moral damage caused as a result of military operations; foreign experience of confiscation of objects of property rights of the aggressor state and persons related to it to compensate for damage caused as a result of hostilities; the problems of applying the norms of international law during the confiscation of assets to compensate for the losses caused by the war; application of reparations as a tool of prosecution for committed war crimes, etc. The main problem of their effectiveness at the moment is the inconsistency of the current norms of national and international legislation with the modern realities of conducting hostilities, since the latest crimes committed by the aggressor are simply not provided for in the legislation as war crimes or as crimes in general, since changed during many decades of warfare.