CRIME IN THE MILITARY SPHERE

Abstract

The article states that along with the traditional jurisdictional grounds, the jurisdiction of each state that has signed the London Agreement on the adoption of the Charter of the International Military Tribunal is based on the principle of «jurisdiction of the winners» that, however, it does not diminish its legal and political significance. At present, the concept of international criminal jurisdiction in the doctrine of international criminal law is developing under the influence of many factors, and the UN International Law Commission has played an important role in this process. At the beginning of the modern century, issues of the content of jurisdiction, its types, the delimitation of judicial and executive jurisdiction of states and others became the object of attention of the Commission members in the work on draft conventions on the jurisdictional immunities of states and their property, on the immunities of state officials from foreign criminal jurisdiction and other conventions. that, based on the position of national sovereignty and the supremacy of the state within its territory, on the usual legal norms, under the influence of the expansion and deepening of international cooperation, the criminal law principles have gradually transformed over time, acquiring a modern form in international treaties. It is noted that the first international normative legal act in the military sphere was adopted by the first Geneva Convention «On the improvement of the fate of the wounded and sick in active armies», which was signed in 1864 by representatives of 16 European countries.It was she who gave impetus to the development of all international humanitarian law and the regulation of the rules of warfare and in accordance with the consolidation of the concepts of «Laws of War» and «War Crimes». Attention was drawn to the fact that the Second World War made its own adjustments to the system of international law, it became clear that it was necessary not only to establish a list of prohibited actions falling under the concept of «War crime» and «Crimes against peace», but also to consolidate the mechanisms for attracting the perpetrators to international criminal responsibility. It has been investigated that in traditional warfare conventional and irregular operations tend to be carried out one after the other, irregular operations are usually secondary to military campaigns using conventional military forces. «Hybrid» aggression includes the use of conventional and irregular means simultaneously, according to a single concept. It is also indicated that the development of information technology allows state and non-state actors to direct their actions against political leaders and society through globalized network media and the Internet. This broadens the concept of war to include cultural, social, legal, psychological and other aspects. Modern technologies for the transmission and processing of information have significantly expanded the possibilities and scale of camouflaging real combat operations, providing an opportunity to make full use of multimedia propaganda and disinformation.The concepts of strategic communications and reflexive control were key elements of the use of such technologies during hybrid warfare. It was stated that military criminal offenses are a complex system of illegal actions. Ensuring the state of military security is a strategic direction of the Ukrainian state. A pressing issue that directly relates to combating military criminal offenses is the absence of a military justice system destroyed by decisions to reform the military prosecutor’s office and military courts, as well as the lack of concrete steps to create a Military Police. The issue of amendments to the criminal legislation is also urgent.