Правові та інституційні засади Спеціального суду по Сьєрра-Леоне

Autor: O. V. Bazov
Rok vydání: 2020
Předmět:
Zdroj: Наукові записки Інституту законодавства Верховної Ради України, Vol 1, Iss 4, Pp 6-19 (2020)
ISSN: 2220-1394
DOI: 10.32886/instzak.2020.04.01
Popis: In the context of globalization and integration, the relevant international judicial bodies play an important role in combating international crimes of concern to the entire international community, usually acting when domestic criminal justice authorities are unwilling or unable to resolve the issue of bringing the perpetrators to justice. This can be particularly the case in armed conflicts, during which international crimes such as genocide, crimes against humanity, serious violations of international humanitarian law and other war crimes may be committed. In this regard, the study of the legal and institutional basis for the formation and operation of international criminal courts, in particular the Special Court for Sierra Leone, is of great scientific and practical interest. The purpose of the article is to determine the legal and institutional basis for the establishment and operation of the Special Court for Sierra Leone, its legal status and jurisdiction. Analysis of the case law of this Court and its impact on the further development of international criminal law and national legal systems. The scientific novelty of the research results is that for the first time in the domestic legal literature scientific views on the need for a comprehensive study of the legal and institutional framework of the Special Court of Sierra Leone are substantiated. It has been proved for the first time that the peculiarities of the international legal status and jurisdiction of this Court were due to the need to combat international crime in the context of armed conflict and conduct an international peacekeeping operation in Sierra Leone, in which Ukraine also participated. It has been examined for the first time that, despite the existence of a national component in the structure of this Court, the Court is an international court. The crucial role of the United Nations in ending the armed conflict in Sierra Leone and establishing, together with the Republic of Sierra Leone and other States, the legal and institutional framework for the operation of the Special Court for Sierra Leone. The institutional principles of this Court’s activity have been determined and the activity of such bodies as: a) chambers (Judicial Chambers and Appeals Chamber) has been analyzed; b) The prosecutor; and (c) the Secretariat. The jurisdiction and case law of the Special Court for Sierra Leone have been examined, in particular with regard to prosecuting such crimes against humanity as: the abduction and use of children in active hostilities; abduction of women and forcing them into marriage, enslavement of women into sexual slavery, etc. The peculiarities of the Court’s trial, the non bis in idem rule on the re-prosecution of persons, as well as the issue of amnesty have been studied. The conclusion states that in the process of developing the legal and institutional framework of international criminal courts in the fight against the most serious crimes of concern to the entire international community, it is extremely important to effectively use both international and national components of the international criminal justice system. activities of the Special Court for Sierra Leone. The practice of the Special Court for Sierra Leone demonstrates the high efficiency of international criminal tribunals and promotes the further development of international criminal law. The concentration of scholars’ efforts on the study of the legal and institutional framework of international criminal courts, in particular the Special Court for Sierra Leone, will help to increase the effectiveness of the fight against international crimes.
Databáze: OpenAIRE
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