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Publications of Smirnov Viktor Vyacheslavovich
International Law, 2023-3
Smirnov V.V. - Some problems related to the supervision of the activities of the International Criminal Court pp. 1-12

DOI:
10.25136/2644-5514.2023.3.40921

Abstract: The article deals with the problems related to the supervision of the activities of the International Criminal Court, including some aspects of the activities of one of the mechanisms of control and supervision of the work of the International Criminal Court – the Independent Oversight Mechanism. The author examines in detail how the activities of the ICC affect the interests of the Russian Federation and other countries, and also analyzes the possibilities for the state to monitor and supervise the activities of the ICC if the ICC Statute has not been ratified and the country is not a State party. The author considers the recommendations made by the expert group concerning the work of the Independent Oversight Mechanism. The object of the study is the social relations developing in the field of activities of officials of international criminal justice bodies related to the work of an Independent oversight Mechanism. Topics related to the responsibility of officials of international judicial institutions, their accountability, as well as the control and supervision of their activities have been little studied. Meanwhile, although Russia is not a State party to the ICC Statute, nevertheless, the judicial acts of this international judicial body have an impact on the reputation of the state. The author comes to conclusions, firstly, about the need to develop scientific thought in this direction, in order to increase the effectiveness of protecting state interests, and secondly, about the possible consideration of an initiative to create an independent monitoring mechanism that would function within the framework of the UN Security Council.
International Law and International Organizations, 2022-4
Smirnov V.V. - Final Report Independent Expert Review as a Form of Supervision over the Activities of the International Criminal Court pp. 98-109

DOI:
10.7256/2454-0633.2022.4.39399

Abstract: This article is devoted to the analysis of 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, comparative method, in which the general provisions of the report under consideration were analyzed first, and then 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, as well as to 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.
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