Publication date: 04.06.2024
Lawyer
The issue of legal responsibility for the propaganda of war and hatred on a national basis
1. International legislation
International law clearly prohibits propaganda of war and hatred. According to the Charter of the United Nations, the promotion of aggressive war is a breach of international peace. The International Covenant on Civil and Political Rights obliges states to prohibit propaganda of war and national hatred that incites discrimination, enmity or violence.
2. Consultation of a lawyer
Consulting a lawyer is a key step in the process of combating the propaganda of war and hatred. The lawyer provides information on the legal mechanisms for prosecuting persons who carry out such propaganda, helps with the development of a legal strategy and provides recommendations for actions in specific situations.
3. National legislation
In most countries, national legislation provides for criminal liability for propaganda of war and hatred. For example, in Ukraine, the Criminal Code contains articles that provide punishment for crimes against the foundations of national security and against the peace and security of humanity. Articles of the Criminal Code of Ukraine directly prohibit propaganda of war.
4. Analysis of documents
The analysis of documents is an important step in the process of prosecuting those who promote war and hatred. Lawyers analyze materials containing elements of such propaganda, determine their compliance with current legislation and prepare documents for court proceedings. This includes gathering evidence, testimony and expert opinions.
5. Legal opinion
A legal opinion is an official document drawn up by a lawyer based on an analysis of collected materials and legal norms. This opinion sets out the circumstances of the case, the legal qualification of actions that fall under the definition of propaganda of war and hatred, and recommendations for possible legal measures. A legal opinion can be used in legal proceedings as an evidentiary basis.
6. Legal opinion of the lawyer
A lawyer's legal opinion, unlike a general legal opinion, is aimed at solving the client's specific situation. The lawyer, evaluating the collected evidence, provides specific recommendations for the protection of the client's rights and interests, indicates possible legal risks and ways to minimize them. In cases of propaganda of war and hatred, a lawyer can help victims prepare lawsuits and represent their interests in court.
7. Court practice
Case law in cases related to propaganda of war and hatred plays an important role in shaping the legal position. When considering such cases, courts often refer to precedents and decisions of international judicial bodies, such as the European Court of Human Rights. This helps to ensure the unity of law enforcement and compliance of decisions with international standards.
