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The contribution of Soviet academic science to the development of the institution of international criminal liability in the 30s and 40s.
 
PIIS160565900030393-6-1
DOI10.61205/S160565900030393-6
Publication type Article
Status Published
Authors
 
Occupation: Deputy Director for Scientific Work, Head of the Department of the Department of General Theoretical Legal Disciplines
Affiliation: North-West Branch of the Russian State University of Justice
Address: Russian Federation, 197046, 5А, Aleksandrovskiy Park, St. Petersburg.
Andrei Dorskii
Occupation: Head of the Department of the Department of Management in Mass Communications
Affiliation: Saint Petersburg State University
Address: Russian Federation, 199034, 7-9, Universitetskaya embankment, St. Petersburg.
Journal nameJournal of Russian Law
Edition
Abstract

The article discusses the scientific legacy of A.N. Trainin, focusing on the involvement of Soviet lawyers in the development of international criminal law, particularly in the 1930-1940s. This period coincided with the rise of the fascist threat, which posed a significant challenge to the world. As the Second World War unfolded, the very existence of humanity came into question.

This article aims to examine the role played by Soviet academic science in shaping the institution of international criminal liability before, during, and after the Second World War, thereby influencing the main paths of development in international criminal law.

The article employed a chronological approach to establish the progression of Soviet lawyers' reference to different facets of the development of international criminal liability. The utilization of the descriptive method facilitated the delineation of A.N. Trainin's primary research domains within the realm of international criminal law. The analysis of the content of national regulatory acts of various time periods, along with international treaties governing the issues of bringing perpetrators to individual international criminal liability, was conducted using the formal legal approach. The diachron analysis was employed for the purpose of identifying the evolution of international crimes in the 1930s and 1940s, whereas the synchronic one allowed for the determination of the general and distinctive positions held by researchers from various countries.

As a result, the role of representatives of Soviet academic science in the development of international legal, constitutional, and criminal legal measures to protect the world in the 1930s is shown, as well as the concept of aggression, in the classification of international crimes during the Second World War and immediately after it, in the definition of the crime of genocide, in the formation of the institution of individual international criminal liability.

Keywordsacademic science, A.N. Trainin, individual international criminal liability, crimes against peace, war crimes
AcknowledgmentThe part of the A. A. Dorskaia’s research was funded by Russian Science Foundation (RSF), according to the research project No. 24-28-01860 “Crises of the international legal system and ways to overcome them: historical experience”.
Received25.03.2024
Publication date25.04.2024
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