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International Law and International Organizations
Reference:
Smirnov, V.V. (2022). Final Report of an Independent Expert Review as a Form of Supervision over the International Criminal Court's Activities . International Law and International Organizations, 4, 98–109. https://doi.org/10.7256/2454-0633.2022.4.39399
Final Report of an Independent Expert Review as a Form of Supervision over the International Criminal Court's Activities
Smirnov Viktor Vyacheslavovich
Postgraduate student, Department of Constitutional and International Law, University of Management "TISBI"
420012, Russia, respublika Tatarstan, g. Kazan', ul. Mushtari, 13
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05540@mail.ru
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Other publications by this author
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DOI: 10.7256/2454-0633.2022.4.39399
EDN: ZULMLS
Received:
14-12-2022
Published:
30-12-2022
Abstract:
This article is devoted to analyzing the "Final Report of the Independent Expert Examination" from the point of view of the issues of supervision of the activities of the International Criminal Court. The subject of this study is an overview of the "Final Report of an Independent Expert Examination" as a form of supervision of the activities of the International Criminal Court (hereinafter the ICC). In the course of the study, the method of system analysis was used, which made it possible to analyze the provisions of the report under consideration in relation to the activities of the ICC. General scientific research methods were also applied: dialectical method, deductive method, and comparative method, in which the general provisions of the report under consideration were analyzed first, and then a comparison with other international organizations was carried out. The author consistently analyzes the problems that the experts highlighted in the report, as well as the recommendations that were given to improve the activities of the international judicial organization. Particular attention is paid to the analysis of recommendations related to the management model of the International Criminal Court, conflict of interest, and improving the reporting system. The paper concludes that the changes proposed by experts are important for the entire international criminal justice system. The scientific novelty of the work is as follows: system proposals that can improve the activities of the ICC, as well as the work of the entire system of international criminal courts and tribunals, are considered and analyzed.
Keywords:
International Criminal Justice, International Criminal Court, Report of the ICC, supervision of the activities, control mechanisms, international judicial institutions, Assembly of States Parties, final report, international organization, conflict of interests
References
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Peer Review
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A REVIEW of an article on the topic "The final report of an independent expert examination as a form of supervision of the activities of the International Criminal Court". The subject of the study. The article proposed for review is devoted to such a form of "... supervision of the activities of the International Criminal Court" as the "Final report of an independent expert examination". The author has chosen a special subject of research: the proposed issues are examined from the point of view of international and international criminal law, international security law, while the author notes that "the International Criminal Court is endowed with broad powers to perform the functions assigned to it ...". International treaties and conventions, the Rome Statute, rulings and practice of the International Criminal Court relevant to the purpose of the study are being studied. A certain amount of scientific literature is also studied and summarized "... the works of ... domestic scientists and specialists in the field of international law and justice ..." on the stated issues, analysis and discussion with these opposing authors are present. At the same time, the author notes: "The Assembly of States Parties to the Statute of the International Criminal Court (hereinafter the ICC Assembly) is the body that monitors and oversees the activities of the ICC …The Assembly is authorized to establish subsidiary bodies to oversee the activities of the ICC, including conducting inspections, evaluating the work of the ICC, conducting investigations into the activities of the ICC in order to improve the efficiency of the court and the cost-effectiveness of its activities." Research methodology. The purpose of the study is defined by the title and content of the work: "The ICC Assembly established an independent expert group, whose main tasks were to develop a system of recommendations that would strengthen and improve the activities of the ICC and the Rome Statute system, for which the experts were instructed to give specific, achievable and effective recommendations", "... in the section dealing with conflict of interest prevention The experts gave recommendations on improving existing tools for conflict prevention in the work of the ICC." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, special legal methods of cognition, the method of system analysis. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and partially influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used formal legal and comparative legal methods that allowed for the analysis and interpretation of the norms of existing international treaties and conventions. In particular, the following conclusions are drawn: "As part of the work carried out, experts compared the ICC with other international judicial institutions, international organizations, national and international courts, which made it possible to summarize the accumulated experience and identify problems in the functioning of the ICC", "... the main problems that were noted by experts in the report – firstly, it is imperfection The ICC's governance models, taking into account the dual status of the ICC (an international organization and an international judicial body), secondly, these are issues related to conflicts of interest, and thirdly, this is not an effective reporting system for the ICC. All these problems, according to experts, require detailed study, for which a number of recommendations were given," etc. Thus, the methodology chosen by the author is sufficiently adequate to the purpose of the article and allows us to study certain aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in the world and in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "The subject of this study is a review of the "Final Report of an independent expert examination" as a form of supervision of the activities of the International Criminal Court (hereinafter the ICC)." And in fact, an analysis of the work of opponents, the "Final Report of an independent expert examination", international treaties and conventions should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in separate scientific conclusions of the author. Among them, for example, the following: "... this three-level model should be used as a tool to ensure effective and efficient management, clarify reporting lines and improve cooperation between stakeholders. Within the framework of this model, it is envisaged to create a judicial audit committee to monitor and supervise the administration of justice." As can be seen, these and other "theoretical" conclusions, for example, "To ensure constructive work, as well as respect for the independence of judges, it is important that performance reports are not used to evaluate judicial or prosecutorial decisions, but performance indicators should measure data related to the administration of justice ..." can be used in further research. Thus, the materials of the article as presented may be of some interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "International Law and International Organizations", as it is devoted to such a form of "... supervision of the activities of the International Criminal Court" as the "Final report of an independent expert examination". The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the scientific literature presented and used should be highly appreciated. The presence of modern scientific literature has shown the validity of the author's conclusions. The works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of certain aspects of the topic. Appeal to opponents. The author has analyzed the current state of the problem under study. The author describes the opponents' points of view on the problem, argues for a more correct position in his opinion, based on the work of opponents, and offers solutions to problems. Conclusions, the interest of the readership. The conclusions are logical and concrete. "The final Report of September 30, 2020, prepared by a group of international experts, plays an important role in improving the international criminal justice system, and the implementation of its recommendations will help improve the activities of the ICC." The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing".
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