2006 Fiscal Year Final Research Report Summary
Function of International Criminal Justice in the Process of State-Reconstruction and Peace-Building: Study on Its Legal Framework and Dynamics
| Project/Area Number |
17530040
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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 | Waseda University |
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Principal Investigator |
FURUYA Shuichi Waseda Law School, Professor, 大学院法務研究科, 教授 (50209194)
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| Project Period (FY) |
2005 – 2006
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| Keywords | International Criminal Court / Principle of Complementarity / Truth and Reconciliation Commission / Self-Referral |
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| Research Abstract |
In the research project of this year, the legal framework and the dynamics of the International Criminal Court (ICC) in the Process of State-Reconstruction and Peace-Building were analyzed by using two models, namely "Clearance-Function Model" and "Construction-Function Model".
In particular, following points were focused: in terms of "Clearance-Function Model", (1)Applicability of domestic law before the ICC ; (2)Significance of "general principles of domestic law" as one of applicable laws before the ICC ; (3)Status of victims in the judicial process of the ICC ; and (4)Compensation for the victims. In terms of "Construction-Function Model", (1)vulnerability of the ICC as a system for reconstructing domestic legal system and realizing the rule of law; (2)Relationship with the Truth and Reconciliation Commissions in the States in question ; and (3)Effect of amnesty and other domestic measures on the procedure of the ICC.
Through this examination, this investigator came to the following conclusion: It is quite likely that some measures taken by the States concerned such as the establishment of Truth and Reconciliation Commissions and amnesty will be incompatible with the criminal justice to be realized by the ICC. In this regard, we need other mechanism for State-Reconstruction and Peace-Building in addition to the ICC. On the other hand, by introducing so-called "self-deferral" in the prosecutorial strategy, the ICC, particularly the Prosecutor, has attempted to take into account the domestic situations of the States concerned. However, this analysis also shows some problems that this attempt is facing
with.
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