PP965 Analítico de Periódico | |
MARCHUK, Iryna Ukraine and the International Criminal Court : implications of the ad hoc jurisdiction acceptance and beyond / Iryna Marchuk Vanderbilt Journal of Transnational Law, Nashville, v.49 n.2 (March 2016), p.323-370 DIREITO PENAL INTERNACIONAL, TRIBUNAL PENAL INTERNACIONAL, CRIMES CONTRA A HUMANIDADE / Ucrânia The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications on the proceedings before the ICC. The Article criticizes the ICC Prosecutor's overly stringent approach with regard to the interpretation of crimes against humanity in the context of the Maydan protests and her decision not to proceed with the first declaration. The Article further argues that ignoring the situation in Ukraine is detrimental to the interests of justice. |