INTERNATIONAL CRIMINAL JUSTICE BODIES: GENESIS, SUBJECT JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT, PROBLEMS OF RATIFICATION OF THE ROME STATUTE
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_200Keywords:
international criminal law, International Criminal Court, Rome Statute, international criminal offenses, ratificationAbstract
The present academic paper is devoted to the topical practical and theoretical issues of international criminal law. The authors have studied the main aspects of the genesis of the idea of international criminal justice since the publication of the work of G. Grotius "On the Law of War and Peace" in the 17th century. Thus, a short historical excursion was conducted on the development of the idea of international criminal justice: from the proposal of the President of the International Committee of the Red Cross (ICRC) Gustave Moigner in 1872, the Versailles Peace Treaty of 1919 to the establishment of four significant ad hoc tribunals - the Nuremberg, Tokyo, International Tribunals on Yugoslavia and Rwanda and creation of the first institutional body of international criminal justice - the International Criminal Court.
In the second part of the academic paper, the authors highlight the exceptional characteristics inherent in international crimes falling under the jurisdiction of the International Criminal Court within the meaning of the provisions of the Rome Statute: genocide, war crimes, crimes against humanity, aggression.
Despite the fact that the Republic of Kazakhstan is not a party to the Rome Statute, the author notes that the idea of establishing this international body was supported by our state. Taking into account the adherence of the Republic of Kazakhstan to the observance of the universally recognized principles of international law, including the principle of respect for human rights, it would make sense to consider the country's possible accession to abovementioned international document. In this regard, the authors analyze some problematic aspects arising from the ratification of the Rome Statute. In particular, the following categories of problems are distinguished within the framework of the paper in the context of specific aspects: constitutional-legal, criminal-legal, international-legal.