Ответственность государств за международные преступления

Abstract

The article analyses the issue of the character of international criminal responsibility of states and different approaches to its content. The idea of special regime of international responsibility of state for committing international crimes is considered now to be widely recognized. It was discussed during the preparation of the documents drafts in the International Law Commission. It has been noted that in the existing and operating international conventions devoted to combating international crimes the problem of responsibility has not been solved and this is considered to be their essential drawback. International legal and arbitration bodies have never, in fact, discussed the issue about differences in the regimes of responsibility for international illegal activities of various gravity. Such a situation in the international law makes for a serious controversy in the doctrine on international criminal responsibility of states. One influential trend in the doctrine recognizes the criminal character of this kind of responsibility. It is represented by V. Pella, de Varbles Donnedieu, H. Lautenpacht and their present-day followers (e. g. M. Farhad). The concept of international criminal responsibility of states as a holistic concept is represented only by one author - V. Pella, while the others proceed from the practical value of this concept which lies in the idea of not leaving unpunished the state - the main subject of international crimes. The main aim of this concept is considered to be the substantiation of a special regime of responsibility of states for international crimes and the wish to single it out from the general theory of responsibility of states for the actions which violate international law. In reality two main components for the execution of criminal justice as regards the states have not been created. They are the International Criminal Court and international criminal code. Due to these reasons the practical enforcement of criminal responsibility of states today is not possible. The states bear political responsibility for the international crimes which lies beyond the framework of obligations to compensate the damage and stipulates preventive and punishment measures.