12:07 17.07.2024

Supreme Court Head: Our precedent decision on military aggression subjects is recognized worldwide

2 min read
Supreme Court Head: Our precedent decision on military aggression subjects is recognized worldwide

The precedent decision of the Grand Chamber of the Supreme Court on determining the subjects of the crime of aggression is landmark and recognized throughout the world, Chairman of the Supreme Court Stanislav Kravchenko says.

"This decision concerned the preparation, planning, unleashing and waging of an aggressive war [Article 437 of the Criminal Code of Ukraine], it is truly significant. It was about who exactly is the subject of the crime of aggression - only the highest political and military leadership of the aggressor state or others? Kravchenko said in an exclusive interview with Interfax-Ukraine.

He recalled that in this case two combatants at the rank and file level who participated in the events of 2015-2016 were brought to justice, and the Grand Chamber of the Supreme Court determined that Article 437 of the Criminal Code of Ukraine is not for these subjects.

"In its decision, the Grand Chamber of the Supreme Court emphasized that the acts provided for in Article 437 of the Criminal Code of Ukraine can be committed by persons who, by virtue of their official powers or social position, are able to control or direct political or military actions," Kravchenko said.

Also, according to him, the crime of aggression can be committed by persons capable of exerting a significant influence on political, military, economic, financial, information and other processes in their own state or beyond its borders. "That is, business representatives can also be subjects of the crime of aggression - we have an example of a case involving the construction of the Crimean Bridge by a private company," the head of the court said.

"The decision of the Supreme Court was welcomed all over the world. Perhaps for the first time since the Second World War, the questions of what an aggressive war is, how it differs from a conventional war, and who can be the subject of this crime were analyzed at the level of national courts," Kravchenko said.

He also said that under Article 437 of the Criminal Code of Ukraine there are only six cases in the courts, since Article 438 of the Criminal Code (violation of the laws and customs of war) is used more - there are 291 proceedings under it. In particular, these are cases of violence against civilians, forced labor, and sexual violence.

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