2000 Fiscal Year Final Research Report Summary
Study on the interpretation of the Statute of the International Criminal Court
| Project/Area Number |
11620064
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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 | Gakushuin University |
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Principal Investigator |
SHIBAHARA Kuniji Gakushuin University, Faculty of Law Professor, 法学部, 教授 (60030615)
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| Project Period (FY) |
1999 – 2000
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| Keywords | International Criminal Court / Statute of the International Criminal Court / genocide / Crimes against humanity / war crimes / aggression / principles of complementarity / jurisdiction |
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| Research Abstract |
From the viewpoint of criminal law, there exist various issues on the Statute of the International Criminal Court (ICC), such as (1) the offences over which the ICC has jurisdiction, (2) penalties imposed on these offences, (3) jurisdiction of the ICC, (4) general principles of criminal law, (5) rules of procedure and evidence, (6) international cooperation and judicial assistance.
The Court has jurisdiction over genocide, crimes against humanity war crimes and the crime of aggression, although it shall exercise jurisdiction over the crime of aggression once a provision is adopted defining the crime. The Court may exercise its jurisdiction with respect to these crimes if : (i) A situation in which such crimes appear to have been committed is referred to the Prosecutor by a State Party, (ii) Such situation is referred to the Prosecutor by the Security Council, or (iii) The Prosecutor has initiated an investigation proprio motu in respect of such crimes.
While the International Criminal Tribunal for the former Yugoslavia (ICTY) was established by the decision taken by the Security Council to prosecute persons responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991, and is authorized to exercise its jurisdiction with priority to national criminal jurisdictions, the ICC is a permanent international criminal court established by a convention, and exercises its jurisdiction in a complementary manner to national criminal jurisdictions.
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