ADELINA SARGSYAN

PhD in Law,

Lecturer at the Department of Criminal Law and

Criminal Procedure Law Institute of Law and Politics of the

Russian-Armenian University

VARAZDAT SUKIASYAN

PhD in Law,

Lecturer at the Department of Criminal Law and

Criminal Procedure Law Institute of Law and Politics of the

Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2025.10-12-134

Annotation.

This article analyzes some principles of international criminal law that create grounds for bringing persons to criminal responsibility for committing international crimes. The article analyzes the practice of international criminal law, the compliance of national criminal legislation with established international practice and the provisions of the Rome Statute. Based on the conducted research, the vectors of improvement of criminal legislation and the practice of its application are outlined. The principle of commander’s responsibility is analyzed, in particular, in the context of Article 148 of the Criminal Code of the Republic of Armenia Inaction during an armed conflict. This principle is of fundamental importance both in international criminal law and in national law, since commanders have an obligation to take the necessary measures to prevent violations by subordinates. Analyzing the principle of the inadmissibility of references to official position, the authors note that the domestic immunities granted to officials are aimed at providing them with guarantees from prosecution by national criminal justice authorities, but should not apply when jurisdiction is exercised by the International Criminal Court. It is necessary to establish in legislation that the extradition of persons to the ICC will not be equated to the usual extradition process to a foreign State.

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