DOI: 10.7256/2305-9699.2014.4.11695

Abstract: The article concerns three existing forms of participation of victims in the processes of the international criminal tribunals ad hoc: as witnesses, as amicus curiae, as significant statements of victims. The author analyzes the rules for the functioning of hte international criminal ad hoc tribunals and their judical practice. The author notes considerable difference in attitude towards regulation of access of victims as such to the judicial proceedings in the ad hoc tribunals and the permanent criminal court (the International Criminal Court). In the tribunals the victims as such do not gain much of a right to participate, they are just involved as witnesses.  Therefore, the ad hoc tribunals fail to recognize that the victims may have lawful interests in the participation in the proceedings in this very status. The tribunals have made attempts to change the rules,  and the significant statements of victims were introduced.  However, the Prosecutor remains the main source of protection of the interests of victims, since the victims have no access to tribunals. Obviously, this unfortunate experience of the tribunal caused the ICC to take a different approach towards the victims. Their access to the hearings is acceptable, while the provisions regulating this access are not sufficiently clear, and are rather ambigous.

DOI: 10.7256/2454-0633.2014.4.11700

Abstract:

DOI: 10.7256/2454-0633.2014.3.11555

Abstract:

DOI: 10.7256/2306-9899.2014.3.11702

Abstract: The article concerns the issue of participation of a victim in the international criminal process as a claimant or an accuser, taking an example of the judicial proceedings of the International Criminal Court and international ad hoc tribunals. The author studies the issues of participation of victims in the International Criminal Court, specific features of their participation at the various stages of international criminal process, possible forms of their participation in the international criminal process, obligations of the Secretariat of the ICC in guaranteeing participation of a victim in a process, participation of victims in the proceedings in the international criminal ad hoc tribunals. The author also evaluates specific issues regarding complicated character of participation in the international criminal process (for example, large number of victims), problems of lack of wish of the victims of crimes to take part in a public hearings. The author makes a conclusion that participation of a victim in the international criminal process is organized with the various provisions of the ICC Charter, so that the Prosecutor would not ignore their interests in his activities, and also so that the right for compensation would not become meaningless. Nevertheless, the author points out the weakinesses of these provisions regarding participation of a victim at some stages of the international criminal process.

DOI: 10.7256/2454-0633.2014.2.11699

Abstract:

DOI: 10.7256/2306-9899.2014.2.11703

Abstract: The author evaluates the issue of application of international human rights law to the participants of the international criminal process in the ad hoc tribunals and the International Criminal Court. The author evaluates the documents, such as the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the European Convention on Human Rights. The author also evaluates the judicial practice supporting application of international human rights law in the international criminal process. The author considers that the international criminal courts themselves are to an extent human rights bodies, formed for the guarantees of human rights, since their statutes directly criminalize the acts, such as genocide.  As a result, application of international human rights law to the participants of the international criminal proceedings is viable.  Additionally, he notes that the statutes of the international criminal courts refer to the international human rights law. The author provides examples of judicial practice showing applicability of the general human rights law both to the procedural and material issues in the case.    

DOI: 10.7256/2454-0633.2014.1.11556

Abstract:

DOI: 10.7256/2306-9899.2014.1.11639

Abstract: The international criminal tribunals form a unique type of international judicial institutions.  They were formed in accordance with the Resolutions of the Security Council of the UN, they should have formulated their procedural norms themselves, and they also had to choose applicable law for their cases independently.  The author considers that the international criminal tribunals apply the sources of law, which are not directly provided for them.  However, this is not abuse of law.  Active use of implied and inalienable competences is typical for international judicial institutions, since the founding documents for these bodies and their inner procedural documents usually contain general provisions on their procedure, and basic rights of participants of such proceedings.  That is why, the international criminal tribunals have formed and keep forming their own internal law, and they choose the sources of applicable law according to the methods formed in other international courts.