Практика реализации международными судами уголовной ответственности физических лиц, совершивших международные преступления ; The practice of international courts concerning the implementation of individual criminal liability for international crimes ; Fizinių asmenų, įvykdžiusių tarptautinius nusikaltimus, baudžiamosios atsakomybės įgyvendinimo praktika tarptautiniuose teismuose
1557
Online
Hochschulschrift
Zugriff:
The main purpose of this bachelor work is the disclosure of the features of criminal liability for international crimes and observation of practice of international criminal tribunals and the International Criminal Court. The object of this bachelor work is the institution of criminal liability in international criminal law. The work consists of three main parts; the analysis of literature, the research and its results, conclusion and recommendations. The analysis of the scientific and methodological literature concerning the institution of criminal liability for the commitment of international crimes reviews that today the International Criminal Court cannot be considered as a sufficiently effective mechanism for the criminal prosecution of individuals at the international level and punishment for their crimes. The main problem in the practical activity of the International Court is the failure of the states in the process of arresting individuals, who are considered guilty for the commitment of international crimes. This problem appears because the International Criminal Court mainly bring to criminal liability officials, including the heads of the states, therefore, not all the countries can or are willing to execute the requirement to arrest these individuals. Till the present moment the International Criminal Court have initiated a lot of criminal cases, many of them have been started even in the period of 2003-2005 (in this bachelor work the situations in Uganda and Sudan are observed), but today criminal prosecution of persons, for whom the International Criminal Court issued a warrant, was not implemented. On the other hand, effective examination of the cases can be also identified in the activities of the International Criminal Court, in this work there is an example of the situation in Congo. Thus, still there are some problems in the work of the international judiciary, it is expedient to establish a special mechanism to prosecute such persons and bring them to justice at the international level. Having considered the classification of international crimes, it can be concluded that the International Criminal Court has jurisdiction over not all the international crimes, but only over war crimes, crimes against humanity, genocide and aggression. The Rome Statute of the International Criminal Court does not have such important types of crimes, such as terrorism, crimes against human rights and freedoms (the slave trade, sexual exploitation, torture). Also, in this bachelor work the development of the institution of criminal liability has been investigated, starting with the creation in 1945 of the Nuremberg and Tokyo Tribunals. Before the development of the International Criminal Court in 1998 as a single international judicial body on a regular basis, international courts were created on the basis of ad hoc. The main disadvantages of these bodies were their territorial limited and temporary nature, the political engagement of trials, lack of comprehensive international legal acts with the list of criminal offenses and their composition; the advantages were the consolidation of the basic principles of international criminal law, the determination of the composition of international crimes. This bachelor work can be useful for scientists in the field of international criminal law, teachers of legal disciplines, lawyers and students.
Titel: |
Практика реализации международными судами уголовной ответственности физических лиц, совершивших международные преступления ; The practice of international courts concerning the implementation of individual criminal liability for international crimes ; Fizinių asmenų, įvykdžiusių tarptautinius nusikaltimus, baudžiamosios atsakomybės įgyvendinimo praktika tarptautiniuose teismuose
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Autor/in / Beteiligte Person: | Bialova, Hanna ; Kuznetsova, Ekaterina |
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Veröffentlichung: | 1557 |
Medientyp: | Hochschulschrift |
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