2002 Fiscal Year Final Research Report Summary
Implementing process of international norms in the system of international criminal justice: A comparative analysis of various types of tribunals
| Project/Area Number |
13620038
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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, Professor, 法学部, 教授 (50209194)
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| Project Period (FY) |
2001 – 2002
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| Keywords | international criminal justice / war crimes / implementing process / Yugoslavia / Rwanda / Sierra Leone / East Timor |
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| Research Abstract |
This research analyzed the implementing process of international norms by examining in detail the drafting process of various international criminal tribunals like ICTY, ICTR and ICC and the decisions and judgment thereof.
In 2001, close examinations into the establishing process of the ICTY, ICTR and ICC have revealed that a new direct way of implementation of international norms is emerging and it has a completely different character from the traditional one which has been basically relied on the domestic legal systems of States. The research has also demonstrated that the above-mentioned special character of implementing process introduces two roles of implementing legislation of a State: Firstly a role to give effect to international norms in its domestic legal system, and secondly a role to accommodate its domestic law with international norms in order not to be in conflict with each other.
In 2002, by examining the Special Court of Sierra Leone, Special Court of East Timor and ICTY/ICTR, leading principles for determining the distribution of cases between international courts and national courts were clarified. In spite of their international nature in common, each court has its own historical, political and social background. The research has demonstrated that according to the expected roles of each court vis-a-vis the States concerned, it adopts different principles for determining whether a case should be dealt with by itself or by a national court. The research also has clarified that the determination of distribution has actually been made at several levels of the whole process from investigation to trial, to which researches so far made have failed to pay attention.
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Research Products
(4 results)
