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Fragmental legitimacy of institutions of international criminal justice through the prism of human rights in contemporary global challengesстатья Исследовательская статья
- Автор: Шульга Р.Ю.
- Сборник: The international symposium "Philosophy and Contemporary International Law", 13-14 may 2013, St Petersburg, Faculty of Philosophy, St Petersburg State University
- Год издания: 2013
- Место издания: St Petersburg State University St Petersburg
- Первая страница: 119
- Последняя страница: 121
- Аннотация: The paper analyzes current trends in the transformation of institutions of international justice through the prism of the revaluation value of the rights and freedoms in the contemporary international relations. We pose the problem of correlation of forces and law in international relations in the context of international humanitarian law and international human rights law.It is worth noting that an important guarantee of effectiveness of the norms of international humanitarian law and international law of human rights derives from the liability for individuals for committing serious crimes. Absence of punishment gives rise to disrespect to the law and encourages further violations. Justice towards criminals not only prevents further violations but provides basis for self-respect to the nation and serves as a symbol of rejection of the past. We examine the current trends in the implementation of which the position of human rights is the only kind of pretext, and, simultaneously, an effective tool for achieving other goals. The article focuses on the role of temporary international tribunals in establishing of the new principles of international criminal law, on the one hand, and their use as a political tool of major world powers, on the other. The role of modern institutions of international justice in terms of their impartiality in the investigation of war and other crimes is being evaluated in the article.The role of International Criminal Court is examined; its effectiveness is scrutinized from the standpoint of its use for bringing to international justice of criminals who are guilty of international crimes. Conclusions are drawn that international justice is in need to depart from selective justice and focus on development of out-of-court institutions to establish the truth and reach amicable solutions aimed at bringing social consensus and justice.
- Добавил в систему: Шульга Руслан Юрьевич