The article explores the issue of identifying the crime of genocide committed by Russia since 2014 during the armed aggression against Ukraine, as well as its punishment. It is emphasized that in international legal theory, in international and national practice, there are broad and narrow approaches to the identification of genocide. The broad approach recognizes as a completed crime the intention to “destroy, in whole or in part, a national, ethnic, racial or religious group as such”, i. e. it is enough to publish calls for genocide or to start implementing genocidal intent. Instead, the narrow approach assumes that the intent to commit genocide must be realized.

It is concluded that it is expedient to form national judicial practice in Ukraine based on a broad approach, that is, to consider the intention to commit genocide as an already completed crime. It is emphasized that the formation of national practice is also important for the international investigation and prosecution of genocide, taking into account the universal criminal jurisdiction for punishment for this crime, i. e. the right of states to prosecute and punish relevant persons regardless of the place of their commission of the crime or the citizenship of the accused or the victim.

Bibliography

Authored books

1. Cryer R, Prosecuting International Crimes: Selectivity and the International Criminal Law Regime (Cambridge University Press 2005).

Websites

2. ‘Topovi propahandysty RF maiut vidpovidaty za statteiu “zaklyky do henotsydu” – TsPD’ (Ukrinform, 20.12.2023) <https://www.ukrinform.ua/rubric-society/3802741-topovipropagandistirf-maut-vidpovidati-za-statteu-zakliki-do-genocidu-cpd.html> (accessed: 26.02.2024).

3. Vyshniakova A, ‘Ideolohy henotsydu: yak pokaraty rosiiskykh propahandystiv za zaklyky do znyshchennia ukraintsiv’ (Detektor media, 30.11.2023) <https://detector.media/infospace/ article/219998/2023-11-30-ideology-genotsydu-yak-pokaraty-rosiyskykh-propagandystivzazaklyky-do-znyshchennya-ukraintsiv> (accessed: 26.02.2024).