Fomina L. Legal regulation of security protection of the participants of international criminal proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003726

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

18-09-2017

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis presents a comprehensive research of international agreements of universal and regional levels in the sphere of human rights (the United Nations, Council of Europe, European Union, Organization of American states, etc.), statutes and procedural acts of international organs of criminal jurisdiction concerning the consolidation of right to security of the participants of international criminal proceedings. Thus, it is stated that the right to security is an integral part of general human rights guaranteed by the Charter of Human Rights, as their observance is the basis of the proper implementation of all other rights. In this respect, the right to security protection of the participants of international criminal proceedings is a part of the general right to security recognized in international universal human rights acts. In the course of the thesis research, a detailed analysis of the provisions of charters, procedural acts (rules of procedure and evidence, Regulations), internal administrative instructions, directives, information circulars, etc. of international organs of criminal jurisdiction on consolidation of the right of participants of legal proceedings (officials, who ensure the implementation of the tasks of international criminal justice and the rights of participants of proceedings, victims and witnesses, perpetrators) to security was carried out. It was noted that the provisions of statutes and procedural acts stipulate mainly the measures of security protection of victims and witnesses of crimes (holding closed proceedings; the possibility to provide evidence by electronic or other special means; using a pseudonym, etc.), however, a few attention is paid to security protection of the officials, who provide the implementation of the tasks of international criminal justice and the rights of participants of the proceedings and the perpetrators of crimes. Attention is focused on the features of security protection of certain categories of individuals (children, women). The conclusion drawn is that the provisions of the statutes and procedural acts (rules of procedure and evidence, Regulations) of the international organs of criminal justice (International Criminal Court (ICC), International Criminal Tribunal for the former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), Special Court for Sierra Leone (SCSL), Special Tribunal for Lebanon (STL), Extraordinary Chambers in the Courts of Cambodia (ECCC)) state that during the security protection of victims and witnesses, their gender and age should be taken into account. In addition, for an effective implementation of protection procedures the inclusion into the groups (sections) to assist victims and witnesses is prescribed in such areas as gender issues; children, including those children, who suffered injuries etc. The provisions of international legal acts of universal and regional nature on the issues of security protection of participants of judicial proceedings in case of information and communication technologies and media usage and their compliance with the organs of international criminal justice are investigated. It was concluded that the internal acts of the ICC (administrative instructions, directives, information circulars, etc.), pay attention to provision of information security, particularly, they provide with classification of information in accordance with the level of risk, establishment of mobile devices and portable storage media operating procedures, establishment of an access procedure for third parties to information etc.

Files

Similar theses