UDC 341.4:341.3
Biblid: 0543-3657, 73 (2022)
Vol. 73, No 1186, pp. 35-54
DOI: https://doi.org/10.18485/iipe_mp.2022.73.1186.2

Pregledni članak
Received: 10 Sep 2022
Accepted: 15 Oct 2022
CC BY-SA 4.0

Core crimes in the name of “mercy”

Slavković Vukan (Professor at the College of criminalistics and security in Niš and University of Montenegro, Kotor), vukan.s@ucg.ac.me

In the present article is analyzed the prevention of serious violations of international humanitarian law, particularly in view of the gravity of certain acts, qualified as core crimes (the crime of genocide, war crimes, crimes against humanity and aggression). In order to achieve the aforementioned, the paper provides scientific examination of the norms that regulate these international crimes in the Rome Statute of the International Criminal Court, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions and other important treaty-based sources of the international criminal law. Therefore, the starting point is that the core crimes are deemed to be the most serious crimes of concern to the international community as a whole. The aim of the article is also to analyze the absence of a treaty that prohibits nuclear and depleted uranium weapons, especially considering court practice. It is confirmed that international humanitarian law prohibits engagement in military or any other hostile use of environmental modification techniques having widespread, long-lasting or severe effects as the means of destruction, damage or injury. The results of the research show that the rule prohibiting the use of weapons causing superfluous injury is a customary norm applicable to all parties to any armed conflict. The author also presents the development, challenges and perspectives of the international criminal law, in the widely accepted historical narrative.

Keywords: core crimes, international criminal law, convention, aggression, genocide