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Significance of the World War II for the development of public international law
Abstract.This article examines the significance of results of the World War II for development of the norms of international humanitarian law. Relevance of the topic is substantiated by the need to disprove the repeated attempts of falsification of the outcome of war and rehabilitation of fascism through enacting the legislative bills by various countries. The goal of this work is to demonstrate the transformation and implementation of the norms of warfare in the international law. The subject of this research is the norms of Nuremberg trials and their introduction into the Russian legislation. The set goal is achieved through using the methods of historical and retrospective analysis and comparative study. The field of application of the research results in the international criminal law. The author reveals the peculiarities of creating the generally recognized norm of international law that condemns the rehabilitation of fascism. A conclusion is substantiated that after the World War II was invented a mechanism for exercising the norms of identity protection during the armed conflicts at the international level, including the criminal prosecution on the persons guilty of violating the laws and customs of war in accordance with the international law. The improvement of norms of the international criminal law allowed prosecuting military servants for execution of an unlawful order of the officer with evident violation by the latter of the norms of humanitarian law. One of the important lawmaking results of the World War II became the creation of legal standards of human rights as a set of effective legal norms of international law.
Keywords: humanitarian law, identity protection, armed conflicts, public law, international law, criminal responsibility, Nuremberg Tribunal, international lawmaking, World War, customs of war
Article was received:09-10-2018
This article written in Russian. You can find full text of article in Russian here .