国家刑事诉讼在审理危害人类罪时成为全球诉讼鞋

IF 0.8 Q2 LAW

International Criminal Law Review Pub Date : 2021-12-08 DOI:10.1163/15718123-bja10119

Karol Nowak

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引用次数: 0

摘要

在这篇文章中，有人认为，像国际刑事法院这样的全球法院不适合获得其管辖者的信任，而且在审判危害人类罪时使用的程序不太合适，因为它在很大程度上是基于国家诉讼法的。有人建议，将国际刑事法院拆分为几个具有共同程序规则的区域机构，并对这些规则进行修订，以适应审判危害人类罪时的特殊需要，这将有利于法院的信誉。还有人指出，国际审判和法庭的目标制定得很差，而且过于承诺，需要加以修正，以更好地反映现实。

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National Criminal Procedure Shoehorned into a Global Procedure Shoe When Trying Crimes Against Humanity

In this article the argument is made that a global court like the icc is not suitable for gaining the trust of those it rules over and that the procedure used when trying crimes against humanity is a poor fit as it is to a large extent based on national procedural codes. It is suggested that a split of the icc into several regional bodies with common procedural rules that are amended to suit the special needs when trying crimes against humanity would be beneficial for the court’s credibility. The point is also made that the goals of international trials and tribunals a poorly formulated and that they over promise and need to be amended to better reflect reality.

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来源期刊

International Criminal Law Review LAW-

CiteScore

1.10

自引率

0.00%

发文量

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.