Urgent need for additional codification of forms of material and non-material (political) responsibility of states

Анотація

The article is devoted to the study of the need for additional codification of the forms of material and non-material (political) responsibility of states. The codification of international legal responsibility is a systematic process of setting out the norms of international law regarding the responsibility of subjects for violating international obligations, which is carried out through the creation of codified acts - conventions or resolutions. The main goal of the codification of international legal responsibility is to ensure clear and understandable regulation of the procedure for international legal responsibility and to promote the development of international law. The purpose of the article is to study five main doctrinal documents on the issue of codification of the forms of material and non-material (political) responsibility in international public law for the purpose of the commonality of the names of the forms of international legal responsibility - UN General Assembly Resolution No. 56/689 entitled “Responsibility of States for Internationally Wrongful Acts” of December 12, 2001; Decisions of the International Court of Justice, which establish the responsibility of states for violations of international law and, accordingly, the application of various forms of material and non-material (political) responsibility); the Rome Statute of the International Criminal Court, which defines the composition of international crimes (genocide, crimes against humanity, war crimes, the crime of aggression) and establishes responsibility for their commission in the form of material and non-material (political) responsibility; the Statutes of the International Military Tribunals in Nuremberg and Tokyo (Far East), which established responsibility for crimes against peace, war crimes and crimes against humanity committed during the Second World War and the application of various forms of material and non-material (political) responsibility for these crimes.

Methods of analysis, synthesis, comparative law, and a systemic approach are used for a comprehensive study of five doctrinal documents on the issue of codification of forms of material and non-material (political) liability in public international law and practical aspects of introducing these forms to a country that violates public international law.

The study shows:

1. The absence of use of retortion as a form of international legal responsibility in all 5 studied documents;
2. The use of substitution as a form of international legal responsibility in only one document;
3. The average use (in 2-4 documents) of restitution, satisfaction, restoration, reprisals and sanctions as forms of international legal
4. The use of reparation as a form of international legal responsibility in all analyzed documents;

As a general conclusion, we can say that there is an urgent need for additional codification of the forms of material and non-material (political) responsibility of states and is a necessary step to ensure the effectiveness and justice of international law in the modern world. It will allow to eliminate gaps, systematize existing norms, take into account new challenges and ensure a clearer and fairer application of international law.