1996 Fiscal Year Final Research Report Summary
Application of International Conventions on Human Rights and and its Influences on Natiunal Laws
| Project/Area Number |
07620045
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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 |
Criminal law
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| Research Institution | University of Tokyo |
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Principal Investigator |
SIBAHARA Kunizi Graduate School of Law and Politics, Professor, University of Tokyo, 大学院・法学政治学研究科, 教授 (60030615)
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| Project Period (FY) |
1995 – 1996
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| Keywords | International Cunrentions on Human Rights / International Criminal Court / Principle of Complementarity / Genocide / Crimes against Humanity / International Double Jeopardy / International Criminal Tribunal for the Former Yugaslavia / International Criminal Tribunal foe Rwanda |
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| Research Abstract |
In the United Nations, the movement toward the establishment of an international criminal court (ICC) has rapidly become greater and I have been concerned with this problem concretely. So my research project involved that too and the central point of the following report is about the establishment of ICC.
The plan for the establishment of ICC is now discussed in actuality for the first time after "the International Criminal Tribunal for the Former Yugoslavia" has been established. In 1994 the international law commitie drafted the rules of ICC and in June 1998 the Congress of UN for the establishment of ICC was held in Rome.
The points at issue are principle of complementarity, object crimes of ICC,principle of the legality of crimes and punishment, international double jeopardy, admissibility of the action, jurisdiction of ICC and investigative cooperation to ICC etc.. The principle of complementarity means that the ICC plays only a complementary role to the criminal Justice system of each countries. In other words, it is expected to function, only when a national court sysytem has been destroyed or it does not function effectivly because of war or internal disturbance.
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