System of the international criminal justice: features of the international criminal courts and tribunals, their classification - Статья

National University Odesa Law Academy, Ukraine SYSTEM OF THE INTERNATIONAL CRIMINAL JUSTICE: FEATURES OF THE INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS, THEIR CLASSIFICATION O. Lutsenko The international criminal law is a new stake in the system of international law, which is based on generally recognizable principles and norms of international law. Formation of the international criminal law is tied with creation of the International martial court in order to make accountable the main military criminals of the European axis countries (further- Nuremberg tribunal), which served for the development of the international criminal justice. The International criminal justice (further - ICJ) is a system of international legal institutions, founded by the international community with the UN, based on the main international agreements, which are directed on holding responsible those who are guilty of perpetration international crimes, protection of the international community from this sort of repeated commission and prevention of the international crimes which create the threat for peace and safety of the humanity. I. P. Blischenko and I. V. Fisenko consider international justice as a system of bodies for international justice, and justice - is an activity. The international criminal public justice (further - ICPJ) - is an international mechanism and procedure, both created by the worldwide community of countries for investigation of criminal injurious acts and crimes of physical and legal entity, which have international character. Having analyzed the formation of the international justice we pay attention to classical international law. Then the procedure of making accountable belonged to a state - irrespective of character and degree of crime, a state had authority, as well as possibility of transfer to the court and punishment of the physical entity. Post-war period become a peculiar stage in development of modern international justice. The international community tried to establish such an international criminal system, which would work in the system of law enforcement of criminal law due to complex political and practical obstacles which resulted into acts of aggression from subjects of international law. “International criminal public justice” and “ICJ” are reciprocal definitions; the following features of ICJ are the proofs of it: 1. Done only by the institutions of international justice - courts. Court is given jurisdiction to manage justice in cases with international crimes or empower special court for legal proceeding on international level in international criminal cases. 2. Responds to specific aims, which the international community establishes for it. In such case we refer to the international acts in which these main tasks are stated. These are: Resolutions of the General Assembly of the UN which initiated Ad hoc International Tribunals, and which had as a goal to stop such crimes, which carry the threat for international peace and safety; guaranty legal persecution of those who are responsible for serious irregularities of international humanitarian law; use effective measures for making accountable those, who are responsible for it; to help the process of the international reconciliation, renewal and support of peace; the agreement between the UN and Sierra-Leone’s government about the creation of the Special Court for Sierra Leone, which main mission was creation of independent special court for criminal prosecution of those, who are seriously responsible for committing of serious infringements of the international humanitarian law and crimes according to the Sierra-Leone’s legislation; and Rome Statute of the International criminal court, the constant body, which is authorized to do jurisdiction over those, responsible for the most serious crimes, that cause preoccupation of the international community, in preamble of which the following aims are stated - the most serious crimes don’t have to be left unpunished; remind each state about the duty of realization its criminal jurisdiction over those, who are held accountable for committing international crimes; create solid guaranties of respect towards accomplishing an international public justice and secure its maintenance. 3. Made with the help of trial and deciding by the international courts of criminal cases about committing crimes of the international character, through defining the fact of committing the international crimes, which are the subject of investigation in the criminal case; defining the judicial consequences, which occur from execution of norms of international law according to stated facts, hence convicting the person, who is guilty in committing crimes o the international character. 4. Realized according to procedural order, which is defined by the international law and operates in definite forms, distinguished by the sources of international law. This feature of ICJ has as a goal organization of opened, unprejudiced, equal,