Human rights and the rule of law: significance in wartime

Abstract

The article is devoted to the study of the development of law and international law, in particular, after the terrible events of the Second World War. Attention is focused on the radical changes that took place in international law after the Nuremberg trial: bringing a person to the world stage, a change in emphasis in the recognition of a person as the highest value that has the right to protection and a whole range of human rights, which becomes an independent subject of international law.
The main problematic aspects of the Nuremberg Trials are noted: passing judgments on bringing the guilty to criminal responsibility contrary to the principle of Nullum crimen, Nulla poena sine lege (there is no crime and responsibility without the law. A broad approach to understanding this principle is analyzed, which is not limited solely to the need to foresee crimes and responsibility any aggressive actions of the state or individual may be recognized as criminal if they constitute a criminal offense according to Article 7 of the European Convention on Human Rights in accordance with the general principles of law recognized by civilized nations.
The relationship between the principles of Nullum crimen, Nulla poena sine lege and the prohibition of the retroactive effect of legislative acts in time with the principle of legal certainty as a component of the rule of law is shown.
The importance of the Nuremberg Tribunal for Ukraine and the world in the process of creating the International Court of Justice for the crimes of the Russian Federation in Ukraine is stated. As a result, it is concluded that the rule of law, human rights and the international community, for which these values are decisive, are necessary conditions for peace. Humanity needs knowledge of both the historical retrospective of how human rights were protected in the post-war period and further scientific research to improve the practical aspects of human rights protection and the implementation of the rule of law. Without the development of these value-based worldview issues, further law-making and human-centredness as the basis of modern legal understanding will face difficult challenges that will be very difficult to overcome peacefully. Humanity needs knowledge of both the historical retrospective of how human rights were protected in the post-war period and further scientific research to improve the practical aspects of human rights protection and the implementation of the rule of law. Without the development of these value-based worldview issues, further law-making and human-centredness as the basis of modern legal understanding will face difficult challenges that will be very difficult to overcome peacefully.