상세검색
최근 검색어 전체 삭제
다국어입력
즐겨찾기0
152589.jpg
KCI등재 학술저널

로마규정상 보충성 원칙의 적용

‘동일 인물, (실질적으로) 동일한 행위’ 기준을 중심으로

  • 63

As one of the criteria for determining whether or not a case is admissible, “the same person, (substantially) the same conduct” test was established by the ICC jurisprudence. However, when analyzing the actual ICC related cases, it can be seen that in most cases, the State which has jurisdiction over a case did not meet this test. Accordingly, criticisms have been steadily raised that this test has been set too strictly to cause excessive burden on the State, or to remove or mitigate this test because it is against the object and purpose of the complementarity system. However, the same person, (substantially) the same conduct test is based on the Rome Statute, and rather the elimination or mitigation of this test would not fit the object and purpose of the Rome Statute which is to put an end to impunity for those who committed the most serious crimes of international concern. Therefore, those criticisms above are unacceptable. However, since the States involved in the case are still in conflict or often in a transition period after the conflict, it is necessary for the ICC to take positive measures to facilitate and support domestic investigations or prosecutions in those States.

Ⅰ. 서 론

Ⅱ. 재판적격성 평가대상으로서의 ‘사건’의 의미

Ⅲ. ‘동일 인물, (실질적으로) 동일한 행위’ 기준의 적용

Ⅳ. 결 론

로딩중