Система уголовного преследования за совершение международных преступлений: комиссии по расследованию и международные уголовные суды

Abstract

The article "The System of Criminal Prosecution for International Crimes: International Commissions and the International Criminal Courts" is devoted to the issue of the institutional provision of prosecution for the commitment of international crimes. It analyzes the organization and activities of international bodies in the investigation of international crimes and international criminal legal bodies. Among the range of investigation organizations the article considers the International Fact-Finding Commission which has been established under Article 90 of the Additional Protocol I of 1977 to the Geneva Conventions on the protection of war victims. The author notes that the Commission has been in existence for quite a long time but has never acted. Moreover, an alarming trend to establish new special commissions viewed as an alternative to the International Commission is emerging. In this connection the commissions on establishment of facts are considered which were established by the UN Security Council regarding the former Yugoslavia and Rwanda. The author comes to the conclusion that the activities of none of the special commissions led to the results which had been expected, especially in the sphere of prosecution for the violations of international humanitarian law. It seems that this aspect will be a motivation to use the permanent mechanism of International Fact-Finding Commission. However, the criminal court is the primary body for the prosecution for international crimes where the results ofinvestigations can be offered in evidence. The idea of the international criminal court establishment was discussed for a long time among international lawyers and was several times close to its realization. However, until recently the only precedent for the international criminal court establishment was Nuremberg and Tokyo international military tribunals. The last decade of the XX century can be regarded as really revolutionary in the sphere of prosecution for international crimes. In its first part two special international tribunals were established within the UN for the former Yugoslavia and Rwanda and in summer 1998 in Rome a historic event took place — the Statute of permanent International Criminal Court was adopted. The article analyzes in detail the competence, organization and the mechanism of international criminal tribunal activities for the former Yugoslavia on the basis of the tribunal statute; it considers also the characteristic features of the tribunal for Rwanda. The article also gives brief characteristics of the International Criminal Court to be established in accordance with the decisions of the Rome Conference of 17.06.98 which has adopted the International Criminal Court Statute.