Where is the international criminal justice going?

Abstract

This article gives the author's review of the current status and possible prospects for the development of international criminal justice. At the present moment, a dangerous situation has developed when the activities of the international criminal tribunals ad hoc are discontinued, and the leading states (India, China, Russia and the United States) do not recognize the jurisdiction of the International Criminal Court. In essence, the permanent body of international criminal justice is not able to effectively solve the tasks assigned to it. Prospects for the development of international criminal justice, aggravated by military conflicts in the Middle East, North Africa, Afghanistan and eastern Ukraine, are becoming increasingly uncertain. The author, being a consistent supporter of the development of international criminal law and international criminal justice, suggests the following ways of solving this problem: 1. It is necessary to abandon the possible revision of the «Nuremberg Legacy», which is recognized by the overwhelming majority of states. This «Legacy» is (currently) the only universal foundation for the progressive development of international criminal law and international criminal justice. 2. In the international and national criminal justice, it is desirable to take into account the positive «material-law» («substantive») legacy of the activities of the international criminal tribunals ad hoc for the unified qualification of crimes against international peace and the security of mankind (humanity). 3. In order to enhance the real role of the International Criminal Court as a permanent body of international criminal justice, it is possible to review some «procedural» norms of the Rome Statute. 4. The development of international criminal justice is impossible on the basis of recognition of exclusive rights and opportunities for any state (group of states)