Study on Problems of the Judgment Execution of the International Criminal Court
|School||Southwest University of Political Science|
|Course||Public International Law|
|Keywords||the International Criminal Court the Rome Statue Rules of Procedureand Evidence judgment execution criminal sanction enforcement supervision|
July1,2002, the first permanent international criminal justice institutions in the humansociety-the International Criminal Court（ICC）was formally established under after a longdiscussion, controversy and ultimately compromise of all countries. The newly establishedInternational Criminal Court being placed great hopes by the international community, theformer United Nations’ Secretary General Kofi Annan once said:"The establishment of theInternational Criminal Court is a gift to the next generations of hope, and a huge step in theprocess of leading to universal human rights and the legal system."In fact, the InternationalCriminal Court to itself is of great significance, it is a landmark event on the way of thedevelopment of international criminal law in the history. From preparations for theestablishment of International Criminal Court to the finally establishment to work beginning,study on the related issues of the International Criminal Court caused great concern forgovernments and scholars around the world, their researches involving in many aspects of theoperation of the Court. Nevertheless, these studies are mainly concentrated on thejurisdiction’ issues of the International Criminal Court. In view of studies on the jurisdictionproblem have being in a deepgoing way and comprehensive, however，study on the problemof the judgment execution is rare, this paper aims to preliminarily study on this issue. Part10of the International Criminal Court Rome Statute and chapter12of the Rules of Procedureand Evidence make more detailed provisions of the judgment execution, this article willresearch and analysis on this basis. The research on the judgment execution is not onlyconfined to the implementation of the provisions of the Rome Statute and the Rules ofProcedure and Evidence of the Court’s jurisdiction, but also to combine the various provisionsof the penalty, international cooperation and judicial assistance. This paper briefly introducesthe Court’ jurisdiction, systematic analysis the content of the judgment execution-that is tosay the penalty execution, finger out difficulties the Court encountered in and their causes,and present their views to improve the judgment execution. Researching on the problems ofthe judgment execution of the International Criminal Court is conducive to identifying andsolving the problems encountered in the judgment execution process, realizing the purpose ofthe International Criminal Court to punish crimes and protect the human rights purpose.Except for the foreword and the conclusion, this paper mainly consists of three parts. Theforeword of this article is just briefly introducing my selected topic background and selected topic significance; the main literature summary that I have used in this article; and thisarticle’s research mentality and the research methods.The first part is an overview of the International Criminal Court. In this section, theauthor first introduce the historical background to the establishment of the InternationalCriminal Court, including the International Military Tribunal established since the First WorldWar and the International Criminal Court established by the United Nations Security Counciland some Special Courts afterwards. The real life is always a repeat of history, history alwayshave an tremendous impact on the real life. Understanding the history is conducive toresolving the problems that exist in reality, the international criminal problem, of course, is noexception. Followed by is a detailed description of the ferment, born and started operation ofthe International Criminal Court. This last section, made a brief introduction to thejurisdiction of the International Criminal Court.The second part is one of the core content of this article, mainly in-depth study onjudgment execution of the International Criminal Court. The execution of the judgment of theCourt usual incarnate the execution of the penalty, in accordance with the principle this articlebases on the provisions of the Rome Statute and the Rules of Procedure and Evidence "toanalysis the judgment execution research, including the purpose of execution of punishment,the subject, object and times of the judgment execution，the implementation of differentcriminal type and the commuting system.The third part is the reality of the judgment execution of the International Criminal Court,the problems encountered, the analysis of the cause of the problems, and some viablemeasures to strengthen the international criminal court judgment execution. However,,theactual case to enforce the status quo of the International Criminal Courts is rarely, and fewrelated theoretical studies about judgment execution, therefore, this paper will make theexecution of the judgment of the International Criminal Court on the basis of the limitedinformation very limited.Conclusion is a summary to the article and prospects for the problems of the judgmentexecution of the International Criminal Court will been solved smoothly in the future.