| Abstract [eng] |
This thesis provides a detailed analysis of the approach to war crimes in the instruments of the International law and in the Criminal code of the Republic of Lithuania. First of all, the conception of war crimes in international documents is analized, with an objective to provide a clear and comprehensive definition of war crimes; also the link between war crimes and the humanitarian law is defined and the main elements that distinguishes war crimes from other crimes are provided. Those elements are: the circumstances in which war crimes are commited; grave breaches and other serious violations of the norms of the International law; the object and victims; subject; mens rea; nexus between war crime and armed conflict. The mentioned elements are analized in view and comparison of the case law of International Criminal Tribunal for former Yugoslavia (ICTY), the statutes of International Criminal Court and the statutes of the International criminal tribunals and the approach to war crimes in Lithuanian and in International law. While analysing, the most controversional issues are being held and problems that appeared in implementing war crimes and are still appearing in practice are accented. This thesis also provides analysis of the concept of war crimes in the Criminal Code of Lithuania, the elements of war crimes, implemented in the Criminal code of Lithuania and the coincidence with the documents of International law. Also the problematic issues are held and some brief suggestions how to improve the exsisting regulation are provided. |
