Russian Journal of Comparative Law

3-16

Authors: Favio Farinella

The paper identifies an inconsistency that exists in the definition of the international crime of enforced disappearance of persons. The Rome Statute (hereinafter –RS) and the 2006 International Convention on Enforced Disappearances differ in the acceptance of political organisations that fight against the State as perpetrators of the crime. Through the analysis of this apparently minor inconsistency, we address the question if leaders and members of political organisations other than the official government of the State may hold criminal responsibility for gross human rights violations and international crimes. The International Law of Human Rights (hereinafter –ILHR) and International Criminal Law (hereinafter –ICL) converge at integrating the international system of protection of the human being and humanity. Beyond their characterizing differences, they are part of a system and as such they are expected to maintain a minimum of coherence. We forward the opinion that any contradictory development regarding definitions of international crimes should be solved in the benefit of the victims and Humanity as a whole. Thus, the narrow definition of the crime given by the ILHR shall match the wider concept set by ICL. Reasons are given to accept political organisations as eventual perpetrators of international crimes to consolidate the international legal system of human rights protection. But to come to this aim, a major change in the human rights approach should take place, recognizing other subjects different than the State and its proxies as eventual perpetrators of human rights gross violations. The paper ends with a prospective that wonders whether this accommodation is likely to happen.

24-37

Authors: Edgar Meyroyan

The Responsibility to Protect principle, as shall be seen, incorporates within its framework three distinct but simultaneously related to each other phases. The objective of this paper is therefore to examine the purpose and importance of each of these phases in more details, which will thereby help us understand both the weaknesses and the potential the principle has for further development. The said pillars are: the responsibility to prevent, the responsibility to react, and the responsibility to rebuild, respectively. Here, I shall separately analyze the causes and tools available for the prevention of the crisis, but also less coercive and more coercive tools when the matter comes to reacting to the crisis. The paper will also examine "just cause" criteria and the "precautionary principles" which are necessary when dealing with the question of "when and who should intervene?", along with the 'Moderate Instrumentalist Approach' developed by James Pattison, which is important from the standpoint of understanding the effectiveness of the intervener. Further on, the work is devoted to the last phase of the Responsibility to Protect. Here, I shall primarily analyze the questions of who should undertake the rebuilding process and who has the right capacity to do that. These are the questions of the utmost importance, for if the rebuilding process is avoided or done improperly, the crisis will gain control again. And in this respect, I will argue that it is the international community in the face of the United Nations which is best fit to carry out the rebuilding process.

47-58

Authors: Sergey E. Smirnykh

The article is devoted to the study of international legal cooperation in combating juvenile and youth crime. It is noted that children and youth largely determine the future both of individual states and of the international community as a whole. However, with the growth of juvenile delinquency it is difficult to hope for better living conditions for future generations. Juvenile and youth delinquency can be considered one of the most serious problems of the modern world. The situation with regard to juvenile and youth delinquency has been constantly deteriorating over time. Crimes committed by juveniles and youth are becoming more and more complex, while the number of victims is rapidly increasing and their age is constantly decreasing. Violence with and without weapons is becoming more and more common. In order to combat juvenile and youth crime effectively, its causes and consequences are investigated. The consequences of juvenile and youth delinquency are the increasing number of child gangs, teenage suicides, child marriages and divorces. Globally, children and youth are receiving less and less care and support from their families. Instead, children spend more time in front of television, computers and the Internet, which is dangerous for them and a cause of deviant behaviour.