The thesis deals with the peculiarities of the implementation of the norms of international law concerning international crimes into the national legal system.
The types of norms and principles of IHL, as well as doctrinal approaches to defining the concept of IHL were analysed. It is emphasized that all IHL rules can be considered as jus cogens rules from which erga omnes obligations are arised.
The issues of modern challenges to the IHL, which include new modern international armed conflicts, means and forms of war, as well as the issues of general law enforcement, are considered separately, considered the effective implementation of IHL norms. The paper also considers the peculiarities of the implementation of international law in the national legal system. In particular, the types of states are analyzed depending on the way of implementation of the norms of international law at the national level. It is stated that regardless of which group the state belongs to, it must objectively comply with the norms of international law.
In the context of the correlation of IHL norms with the norms of other branches, it was conducted analysis of the of the European Court of Human Rights case-law. The key decisions of the European Court of Human Rights concerning violations of the Convention for the Protection of Human Rights and Fundamental Freedoms and considered in the context of the implementation of international humanitarian law are analysed. In particular, the decision of Catan and others v. Republic of Moldova and Russia, in the context of the application of Article 1 in the implementation of IHL. This decision answers the question of which state is responsible for the Convention provisions
implementation as a whole, ie the issue of effective control and jurisdiction. Also in the context of jurisdiction and determination of the status of "occupying power", the cases of Jaloud v. the Netherlands and Issa and others v. Turkey.
An analysis of the Court's case-law shows that, in international armed conflicts, the rights guaranteed by the Convention should be applied in the light of the context and provisions of international humanitarian law. On the basis of an analysis of the ECHR's practice, it has been established that, with respect to the right to life, IHL norms are lex specialis in relation to ECHR norms. An analysis of the ECHR's practice shows that the Court is constantly seeking approaches to a certain convergence between the rules of international human rights law and IHL. The ECHR, while applying the rules of both branches of law, identifies the gaps that exist and facilitates the interpenetration of rules.
The normative mechanism of implementation of IHL norms in the criminal and military legislation of Ukraine, as well as other branches of legislation was analyzed. In particular, the types of offenses set forth in the provisions of the Geneva and Hague Conventions and their annexes, and the possibility of criminal prosecution for their commission under the provisions of domestic criminal law are analyzed. Taking into account the purpose of this work, the study of violations of international humanitarian law was carried out in two groups, into which they are conditionally divided: 1) violations directed against a group of persons and against an individual; 2) violations directed against property.
During the legal analysis of the first group of offenses it was established that criminal liability for their commission is provided by the Special Part of the Criminal Code of Ukraine, but they are mostly scattered in different sections given the structure of this legislation, ie depending on the direct object of criminal encroachment.
