当前位置: X-MOL 学术Journal of International Criminal Justice › 论文详情
Our official English website, www.x-mol.net, welcomes your feedback! (Note: you will need to create a separate account there.)
The ‘Prosecutor Amicus Curiae’ at the International Criminal Tribunals
Journal of International Criminal Justice ( IF 1.5 ) Pub Date : 2021-08-04 , DOI: 10.1093/jicj/mqab060
Ekaterina A Kopylova

Offences against the administration of international criminal justice are a serious threat to the effective functioning of international criminal tribunals entrusted by the international community with the punishment of perpetrators of the worst atrocities that humanity experiences. That is why the mechanisms which prosecute these offences must be highly efficient. The concept of a ‘prosecutor amicus curiae’ was introduced at the International Criminal Tribunal for the former Yugoslavia (ICTY) after numerous failures in the previously applicable procedure. Since then, this procedural mechanism has spread to other ad hoc tribunals and has been successfully used to investigate and prosecute those responsible for interfering with the courts’ due functioning. To date, however, very little scholarly research has been devoted to it, partly because of an understanding that the term ‘amicus curiae’ is incorrectly applied in this context. We endeavour to demonstrate that, on the contrary, the special prosecutors are part of the amici family in international criminal law, as guarantors of the fairness of the criminal procedure. We examine the details of their appointment and termination of mandate, as well as the legal regime of privileges and immunities applicable to them in order to ensure the independence indispensable for the exercise of their functions. We further explore shortcomings arising from the lack of continuity among amicus curiae prosecutors’ activities, as well as standards that are lacking in the procedures, that highlight the need for a new mechanism to better serve the role of the amicus curiae prosecutor in managing offences against the administration of international justice.

中文翻译:

国际刑事法庭的“检察官法庭之友”

违反国际刑事司法行政的罪行严重威胁国际刑事法庭的有效运作,国际刑事法庭受国际社会委托,负责惩处人类所经历的最严重暴行的肇事者。这就是起诉这些罪行的机制必须高效的原因。前南斯拉夫问题国际刑事法庭 (ICTY) 在之前适用的程序多次失败后,引入了“法庭之友检察官”的概念。从那时起,这种程序机制已扩展到其他特设法庭,并已成功地用于调查和起诉那些对干扰法院正常运作负有责任的人。然而,迄今为止,很少有学术研究致力于它,部分原因是理解“法庭之友”一词在这种情况下的应用不正确。相反,我们努力证明,特别检察官是国际刑法中的友好家庭的一部分,是刑事诉讼公正性的保证人。我们审查他们的任命和终止任务的细节,以及适用于他们的特权和豁免的法律制度,以确保他们行使职能所必需的独立性。我们进一步探讨了法庭之友检察官活动缺乏连续性所导致的缺陷,以及程序中缺乏标准,
更新日期:2021-08-04
down
wechat
bug