INTERNATIONAL CRIMINAL LIABILITY FOR WAR CRIMES COMMITTED BY A MERCENARY IN UKRAINIAN TERRITORY

• DOI: 10.22533/at.ed.216332301028

• Palavras-chave: War in Ukraine. Mercenaries. war crimes.

• Keywords: War in Ukraine. Mercenaries. war crimes.

• Abstract:

  This research examines Criminal Responsibility in the international context of war crimes committed by mercenaries in Ukraine. The overall objective is to understand which behaviors fall under war crimes and which international norms contemplate these crimes. The aim is to elucidate international criminal accountability, considering that the belligerent countries Russia and Ukraine are not signatories to the Rome Statute and within this perspective, who would be responsible for the commission of a war crime committed by a mercenary in Ukraine? State? Rulers? Mercenary Leader? What is the penalty for the Brazilian mercenary? The method used was bibliographical research through doctrine, treaties and international conventions and journalistic reports on the subject. It was found that as long as the agent's involvement in the practice of war crimes is proven, be it the State, ruler, mercenary or mercenary leader, all will be held accountable in the international criminal sphere.