{"title":"认真对待非法大赦:国际刑事法院可采性检验的三重途径","authors":"Megumi Ochi","doi":"10.1163/15718123-bja10150","DOIUrl":null,"url":null,"abstract":"Abstract The current oversimplification of the amnesty issue has created a narrative that international law prohibits granting and admitting the effect of amnesties for core crimes. However, even if a domestic amnesty is found illegal under international law, it is still valid at the national level. The International Criminal Court ( icc ) cannot ignore the existence of and the legal consequences of such ‘illegal’ amnesties in assessing the admissibility of a case. This article categorises amnesties into three types and clarifies the legal and factual effects of internationally illegal domestic amnesties for the icc and the legal logic under which the icc treats such amnesties at the admissibility stage based on the developing applicable laws. This study provides clear guidelines on the conditions that would make a case inadmissible before the icc for both the chambers and the domestic policy makers and legislators who design amnesties.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Taking Illegal Amnesties Seriously: Threefold Approach to the Admissibility Test before the International Criminal Court\",\"authors\":\"Megumi Ochi\",\"doi\":\"10.1163/15718123-bja10150\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The current oversimplification of the amnesty issue has created a narrative that international law prohibits granting and admitting the effect of amnesties for core crimes. However, even if a domestic amnesty is found illegal under international law, it is still valid at the national level. The International Criminal Court ( icc ) cannot ignore the existence of and the legal consequences of such ‘illegal’ amnesties in assessing the admissibility of a case. This article categorises amnesties into three types and clarifies the legal and factual effects of internationally illegal domestic amnesties for the icc and the legal logic under which the icc treats such amnesties at the admissibility stage based on the developing applicable laws. This study provides clear guidelines on the conditions that would make a case inadmissible before the icc for both the chambers and the domestic policy makers and legislators who design amnesties.\",\"PeriodicalId\":55966,\"journal\":{\"name\":\"International Criminal Law Review\",\"volume\":\"12 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-02-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718123-bja10150\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10150","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Taking Illegal Amnesties Seriously: Threefold Approach to the Admissibility Test before the International Criminal Court
Abstract The current oversimplification of the amnesty issue has created a narrative that international law prohibits granting and admitting the effect of amnesties for core crimes. However, even if a domestic amnesty is found illegal under international law, it is still valid at the national level. The International Criminal Court ( icc ) cannot ignore the existence of and the legal consequences of such ‘illegal’ amnesties in assessing the admissibility of a case. This article categorises amnesties into three types and clarifies the legal and factual effects of internationally illegal domestic amnesties for the icc and the legal logic under which the icc treats such amnesties at the admissibility stage based on the developing applicable laws. This study provides clear guidelines on the conditions that would make a case inadmissible before the icc for both the chambers and the domestic policy makers and legislators who design amnesties.
期刊介绍:
Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.