THE INTERNATIONAL CRIMINAL COURT AT TEN
Ten years ago the Rome Statute of the International Criminal Court entered into force. The article addresses the most important results of the first decade of the ICC. Together with achievements, the author also discusses the failures and problematic aspects of the Court`s organizational structure and procedural law, which have been already manifested in the early practice of the ICC. The author came to conclusion that for realization of its mission in its second decade, the Court needs easement of its procedural model, the better leadership and finding a proper balance between politics and law.
ONE STEP FORWARD – TWO STEPS BACK? THE CASE CONCERNING JURISDICTIONAL IMMUNITIES OF THE STATE (GERNAMY V. ITALY, GRECE INTERVENING): JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE. 3 FEBRUARY 2012
Grigory Vaypan, Aleksandra Ivlieva
The International Court of Justice has ruled that serious violations of international humanitarian law and human rights do not allow denial of jurisdictional immunities to states. Resolving a dispute which has its origin in the events of the Second World War the Court has sharply distinguished state immunity as a procedural principle from substantive obligations of states under international law. The judgment of the Court puts an end to attempts of certain national courts in Europe to regulate financial consequences of armed conflicts by way of individual claims against responsible states. From a theoretical standpoint the judgment raises the question of how rules on state immunity will further evolve.
The author analyses the judgment of the European Court of Human Rights which upholds the requirement to legally register family ties as a condition for enjoying the testimonial privilege in criminal cases, a privilege normally accorded to family members. The following problematic aspects are discussed: the Court’s overly formalistic view on family ties, its determination that detention for refusal to testify is proportionate to the aim of protecting public order and punishing crimes, and its non-discrimination finding for a longtime life partner obliged to testify against the father of her two children.
The grounds relied on to contest the admissibility of an application or a claim can be divided into two groups: formal and material. The majority of objections to admissibility are “material” in nature. Not infrequently respondents contend that for a judgment to be rendered on the submitted claim would be incompatible with the judicial function of the International Court of Justice as an organ which decides inter-State legal disputes. In diplomatic protection cases, objections to admissibility relate to the nationality of claims and to the prior exhaustion of local remedies. The Court also treats as a question of admissibility objections as to whether the rights of third States, which are not participating in a dispute before the Court, would form the subject-matter of the judgment to be rendered. In certain situations respondents have referred to estoppel, which would preclude the Court from exercising its jurisdiction in a case.
The article discusses the principle of primacy of EU law, as it was established and developed by by the Court of Justice of the European Union. It focuses on the role of Constitutional Courts of the Member States, related thereto, and discusses the principle of primacy also from the point of view of Slovenia.
This article discusses provisions of bilateral investment treaties which provide for the investor’s right to refer to arbitration a dispute concerning the “amount of compensation” due in case of expropriation. Practice of application of such provisions by arbitral tribunals as well as certain principles common to their interpretation are considered.
The Strasbourg Court Grand Chamber’s 2010 judgment in Kononov v. Latvia opens highly controversial political issues concerning World War II and the actions of Red Army partisans. Following an investigation of the facts in the case, this article turns to the predictably furious Russian reaction; but next asks whether perhaps Russia have good reason for its unhappiness. The case raises difficult legal issues: the limits of retrospective criminal legislation, and the date at which responsibility for war crimes crystallised. Finally, the question is raised whether the Strasbourg Court is having increasing difficulty in dealing with complex questions of international law and politics, rather than more straightforward interpretation of the Convention.
INTERNATIONAL CRIMINAL COURT AND PALESTINIAN AUTONOMY: JUSTICE DENIED
The recognition of the International criminal court’s jurisdiction over international crimes committed on its territory by the Palestinian autonomy has one more time highlighted that an attempt to combine political issues and criminal law always takes place to the prejudice of the latter. The author shows the absence of any legal basis under the Prosecutor’s decision to delay the decision ad calendas graecas.
ADOPTION OF INDIVIDUAL MEASURES BY THE RUSSIAN FEDERATION FOLLOWING JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS: REEXAMINATION OF CRIMINAL CASES UNDER THE RUSSIAN CODE OF CRIMINAL PROCEDURE
The article deals with the analysis of practice of the Supreme Court of Russia on re-examination of criminal cases following judgments of the European Court of Human Rights in accordance with Article 413 of the Criminal Procedural Code in context of realization of state’s obligations to execute judgments of the European Court prescribed by the Article 46 of the Convention for the Protection of Human Rights.
INTERVIEW WITH JUDGE ROSALYN HIGGINS
On 1–3 May 2012, a Scientific and Practical Workshop “International Legal Standards in the ICRC Humanitarian Action” was held at Almaty (Kazakhstan). It marked the transition of the Programme for the Academic Circles of the Regional Delegation in Central Asia of the International Committee of the Red Cross (ICRC) to a new stage. With due regard to the scholarly potential possessed by lecturers of Central Asia’s leading higher education institutions, the ICRC Regional Delegation and the Red Crescent Societies of the Central Asian States intend to involve them, as experts, in the development of draft laws relating to the activities of the components of the International Red Cross and Red Crescent Movement, and in relevant research projects.
On 13 April 2012, a round table “Rome Statute of the International Criminal Court: ten years later” was held at Moscow (RUNF). It marked some problem questions in a format of scientific discussion: sources of the applicable and internal law of the ICC; results of the Review Conference on the Rome Statute in Kampala, 2010; UN Security Council role; the ICC preventive mandate and a problem of feasibility of warrants on arrest; summaries of some decisions and first judgment of the ICC.
INTERNATIONAL CRIMINAL COURT MOOT COMPETITION IN RUSSIA
In 2012, the first International Criminal Court Moot Court Competition in Russian language was held. The structure, case and results of the Competition are analyzed in the article.