Justice: Experience of the International Criminal Court and its importance for the development of national criminal justice systems

Abstract

The International Criminal Court, the foundations of which are formulated in the Rome Statute, was created according to the standards of criminal justice. The study of the experience of its activities and comparison with the problems existing in national jurisdictions make it possible to identify both the limits of justice in criminal prosecution and the possibilities for its improvement. The author demonstrates that the desire for a qualitative study of evidence leads to an increase in the duration of judicial procedures and the inevitable emergence of “simplified” sentencing schemes, and the latter are in demand by the accused. Based on the analysis of sentences handed down by the International Criminal Court, it is proved that the Court’s cautious approach to punitive powers is, although not indisputable, but an experience worthy of research, since the achievement of the main goals of punishment is not directly dependent on the severity of criminal repression. At the same time, work with victims of crimes in the context of psychological and material support, actively developed within the framework of International criminal justice, is probably, a key direction for improving justice. This aspect is not sufficiently expressed in national judicial systems, usually focused on retribution.