Smirnov V.V. —
Final Report of an Independent Expert Review as a Form of Supervision over the International Criminal Court's Activities
// International Law and International Organizations. – 2024. – ¹ 3.
– P. 1 - 11.
DOI: 10.7256/2454-0633.2022.4.39399
URL: https://en.e-notabene.ru/mpmag/article_71709.html
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Abstract: This article is devoted to analyzing the "Final Report of the Independent Expert Examination" from the point of view of the issues of supervision of the activities of the International Criminal Court.
The subject of this study is an overview of the "Final Report of an Independent Expert Examination" as a form of supervision of the activities of the International Criminal Court (hereinafter the ICC).
In the course of the study, the method of system analysis was used, which made it possible to analyze the provisions of the report under consideration in relation to the activities of the ICC. General scientific research methods were also applied: dialectical method, deductive method, and comparative method, in which the general provisions of the report under consideration were analyzed first, and then a comparison with other international organizations was carried out.
The author consistently analyzes the problems that the experts highlighted in the report, as well as the recommendations that were given to improve the activities of the international judicial organization. Particular attention is paid to the analysis of recommendations related to the management model of the International Criminal Court, conflict of interest, and improving the reporting system. The paper concludes that the changes proposed by experts are important for the entire international criminal justice system. The scientific novelty of the work is as follows: system proposals that can improve the activities of the ICC, as well as the work of the entire system of international criminal courts and tribunals, are considered and analyzed.
Smirnov V.V. —
Final Report of an Independent Expert Review as a Form of Supervision over the International Criminal Court's Activities
// International Law and International Organizations. – 2022. – ¹ 4.
– P. 98 - 109.
DOI: 10.7256/2454-0633.2022.4.39399
URL: https://en.e-notabene.ru/mpmag/article_39399.html
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Abstract: This article is devoted to analyzing the "Final Report of the Independent Expert Examination" from the point of view of the issues of supervision of the activities of the International Criminal Court.
The subject of this study is an overview of the "Final Report of an Independent Expert Examination" as a form of supervision of the activities of the International Criminal Court (hereinafter the ICC).
In the course of the study, the method of system analysis was used, which made it possible to analyze the provisions of the report under consideration in relation to the activities of the ICC. General scientific research methods were also applied: dialectical method, deductive method, and comparative method, in which the general provisions of the report under consideration were analyzed first, and then a comparison with other international organizations was carried out.
The author consistently analyzes the problems that the experts highlighted in the report, as well as the recommendations that were given to improve the activities of the international judicial organization. Particular attention is paid to the analysis of recommendations related to the management model of the International Criminal Court, conflict of interest, and improving the reporting system. The paper concludes that the changes proposed by experts are important for the entire international criminal justice system. The scientific novelty of the work is as follows: system proposals that can improve the activities of the ICC, as well as the work of the entire system of international criminal courts and tribunals, are considered and analyzed.
Smirnov V.V. —
Actual problems of accountability and responsibility of officials of international judicial institutions
// International Law. – 2022. – ¹ 2.
– P. 58 - 69.
DOI: 10.25136/2644-5514.2022.2.37945
URL: https://en.e-notabene.ru/wl/article_37945.html
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Abstract: Currently, there are a number of problems of legal norms in the work of international judicial institutions, which are considered in this study. The object of scientific research is the legal basis for regulating the accountability and responsibility of officials of international courts and tribunals. The subject of the study is a general overview of the issues of accountability and responsibility of officials of international judicial institutions, and especially judges. The author examines in detail the existing problems of legal norms related to the above issues. The paper defines the terms "responsibility", "accountability", "official", examines the existing types of responsibility of officials of international justice bodies, procedures for bringing to justice. Â Accountability of officials of international judicial institutions is extremely important, since international courts and tribunals in their activities often exceed the powers provided for them, introduce new "norms" of international law that contradict generally recognized norms, and sometimes the Statutes of these institutions.
The paper also presents options for possible solutions to problems, in particular, the author suggests working out a transparent legal mechanism for holding officials accountable, providing the general public with access to statistics on the effectiveness of judges of international courts and tribunals, and continuing to further improve the "transparency" of both the judicial process and all activities of international judicial institutions.