Complementarity Requirements
States Parties to the Statute desiring to prosecute criminals in their national courts under the principle of complementarity should incorporate the concept of responsibility of commanders and superiors into their national law, as defined in article 28.
Implementation
Few national criminal codes deal with the concept of the responsibility of commanders. It would be prudent for an implementing law to introduce this concept into national law. Generally speaking, the notion of the responsibility of commanders does not exist for general law offences. For example, a deputy minister cannot be held criminally responsible for fraud committed by an employee in his or her department, nor can a captain be held responsible for the murder of a soldier by another soldier. International crimes are treated differently; high-ranking military and civilian authorities are frequently found to have criminal responsibility. Since it is often extremely difficult to establish responsibility, due among other reasons to the complexity of the chain of command, the concept of the responsibility of commanders and superiors is an essential tool for the prosecution.
4.7 Rules of Evidence and National Criminal
Justice Proceedings
Description
The principles in the Statute on which the Court's procedures are based, are derived from existing international human rights standards. The Statute does not explicitly require States Parties to modify judicial procedures in criminal matters. Yet, rules of evidence and rules of proceedings in criminal matters should not unnecessarily restrict proceedings initiated concerning crimes defined by the Statute. There are some evidentiary rules that almost systematically result in acquittal. For example, some criminal jurisdictions require the testimony of several men in order to establish proof that a woman was raped, even if only one man was involved in the rape.
Complementarity Requirements
Under the principle of complementarity, States Parties should ensure that when crimes listed in the Statute are committed, they can be effectively investigated and prosecuted. They should also make sure that their rules of proceedings in criminal matters do not prevent victims from laying charges, or prevent the establishment of evidence of crimes.
Implementation
Not all States Parties may wish to adjust their rules of proceedings in criminal matters. Also, the adjustment will probably only affect a few rules. However, every act that is likely to constitute one of the crimes listed in the Rome Statute should be considered in terms of the rules of evidence and proceedings in order to determine if any rules could pose a major obstacle to the proper functioning of an investigation or trial, and to ensure that persons are not shielded from criminal responsibility. The rules of evidence and proceedings concerning sexual offences are those that are most likely to present a problem of this kind in many jurisdictions.
4.8 Military Tribunals
Military tribunals, just like ordinary courts, can be used to prosecute the authors of ICC crimes. The Statute does not make any distinction between these two types of systems and States Parties are free to choose which domestic court will have jurisdiction over ICC crimes. A State Party can decide that the procedures related to the Statute will be taken in charge by its ordinary courts, by its martial courts or by both, depending on the general organization of its judicial system. Nevertheless, military tribunals generally have a restricted competence. They can only prosecute military personnel and usually do not have jurisdiction over civilians. ICC crimes, however, can be committed in times of peace by both m
> 1 2 3 ... 286 287 288 ... 303 304 305
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
