A Study of organizational principles and functions of international criminal justice
| Project/Area Number |
09620024
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kagawa University |
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Principal Investigator |
FURUYA Shuichi Kagawa University Faculty of Law Associate Professor, 法学部, 助教授 (50209194)
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| Project Period (FY) |
1997 – 1998
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| Project Status |
Completed (Fiscal Year 1998)
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| Budget Amount *help |
¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 1998: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1997: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | International Criminal Court / Former Yugoslavia / National jurisdiction / Complementarity / 国家刑事裁判所 / 国際刑事法 / トリガー・メカニズム / 旧ユ-ゴスラヴィア |
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| Research Abstract |
From the analysis on the relation between the International Criminal Tribunal for former Yugoslavia and the International Criminal Court on one hand, and national jurisdiction on the other, the following points become clear.
1. The Tribunal, which is given primacy over national jurisdiction under its Statute, has elaborated its supremacy through subsequent judgments and decisions. The Tribunal, for example, found in Blaskic case that its order had a direct effect on individuals in the territory of states without national implementing jurisdiction, and it can take forcible measures (such as on-site investigation) in the territory, when the national legislation impedes its effective conduct of investigation and trial.
2. On the contrary, each state made an implementing legislation in the framework of international legal cooperation in a traditional sense. Many states inserted into their legislations the same principles as in extradition procedure. For example, there are many stipulations i
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n the legislations that allow a judicial organ of a state to determines whether the Tribunal really has jurisdiction on the accused whom thc state is requested to surrender, or whether there is probable cause to believe that the accused really committed the alleged crimes. In this respect, Tribunal's primacy is reduced implicitly by the national legislations.
3. The International Criminal Court adopts the principle of complementarity, which may imply the primacy of national jurisdiction over the Court. Nevertheless, the examination of its legislative history makes it clear that under the Rome Statute, the Court is given a power to determine whether prosecution or trial by national authorities is really effective, and due to this power, it serves as an extra appellate judicial body to review the performance of national prosecutors and judges.
On the basis of the researches above, I will next attempt to analyze practical function of the Court by examining in detail implementing legislations which will be made in the near future in order to ratify the Rome Statute of the Court. Less
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Report
(3 results)
Research Products
(3 results)
