Some problems of analysis of types and forms of complicity in international criminal law

Abstract

The article deals with certain issues of the institution of complicity in international criminal law, presents the genesis of the phenomenon of complicity, taking into account the variety of sources of international criminal law. The author notes the positive and negative aspects in the formation of doctrinal and interpretive views on the problems of assessing complicity in international crimes. The current tense political situation in the world, the constant increase in the number of terrorist groups, the increase in smuggling, drug trafficking and a number of other criminal factors are prerequisites for increasing attention to the problem of complicity in international crime. In international criminal law, the concept of «complicity» in a crime is in many ways similar to that developed in the criminal law doctrine, legislation and investigative and judicial practice of many States. Obviously, the commission of a crime in complicity poses a much greater public danger than the commission of a crime by one person. Since the definition of complicity in a crime in the commission of an international crime is generally similar to the national definition, in order to identify the signs that are inherent in complicity in the crime, the author refers to the provisions of article 32 of the Criminal Code of the Russian Federation. However, differences in theoretical and enforcement assessments of complicity in international and domestic legal practice require analysis of this situation of affairs. At present, the institution of complicity is constantly improving and developing, but proper scientific research on the content and nature of this development is not carried out at both the national and international levels.