Dromina N. Jurisdiction of the International Criminal Courts and Tribunals.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U004197

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

23-10-2006

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The dissertation presents research and analysis of genesis, doctrinal grounds, legal nature and conditions of application of jurisdiction of the international criminal courts and tribunals, determination of the basic tendencies and optimal mechanism of their development. The jurisdiction of Nuremberg and Tokyo Tribunals, International Tribunals for Former Yugoslavia and Rwanda, Special Court for Sierra-Leone, and permanent International Criminal Court is analyzed. The definitions of the jurisdictional regime and its principles are formulated, among which requirements of legitimacy, integrity and unity are emphasized. Two types of the international criminal jurisdiction and their specifics are examined: the first is universally binding and applied on behalf of the world community, and the other is multinational (treaty), which is based on an agreement of states establishing an international court. In the dissertation, it is proved that the contemporary culture of impunity can be efficiently resisted only in a case of existence and functioning of both types of the international criminal jurisdiction. On the basis of the research, concrete propositions are formulated with regard to implementation of the international legal norms regulating international criminal jurisdiction into national law of Ukraine.

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