Đang chuẩn bị liên kết để tải về tài liệu:
From Nuremberg to The Hague - The Future of International Criminal Justice Part 7

Tuy ở nhiều mức độ khác nhau, nhưng năm mục đích sau đây được chấp nhận rộng rãi trong hầu hết các bộ luật hình sự về mặt trừng trị tội phạm: báo oán (trả oán), răn đe, vô hiệu hóa, giúp cải tà quy chánh và đền bù thiệt hại. | The drafting of the Rome Statute 111 departure. There were to be many departures conceptually and on points of detail. The individual which has emerged is we might say more robust and much more ambitious than its grandparent. But the affiliation is certain enough and the differences between the generations are worth analysis. This is not the place to go into detailed issues of the drafting of the Statute from a technical point of view. Rather I want to look at the underlying issues which arose during the process of elaborating the Statute. Formally that process stretched from 1993 up to 1998. Indeed it has continued after the adoption of the Statute which - continuing the analogy - may be said to have been delivered before term. Subsequent drafting exercises have included Rules of Procedure and Evidence and in particular the Elements of Crimes which elaborates at length upon the crimes within the jurisdiction of the Court in order to provide authoritative guidance to the judges in its interpretation.2 Moreover that process is not yet finished. It is envisaged 2 Report of the Preparatory Commission for the International Criminal Court 2 November 2000 UN Doc. PCNICC 2000 1 Rules of Procedure and Evidence UN Doc. PCNICC 2000 1 Add.1 Elements ofCrimes UN Doc. PCNICC 2000 1 Add.2. See generally R. S. Lee ed. The International Criminal Court Elements of Crimes and Rules of Procedure and Evidence Transnational Publishers Ardsley NY 2000 . 112 JAMES CRAWFORD that in due course there will be a further document elaborating on the crime of aggression which crime will be inoperative as part of the Statute until that happens if it ever does . In a deeper sense the process of elaboration started with the General Assembly resolution of 1946 endorsing the Nuremberg Charter which envisaged that some more permanent arrangement would be made. It continued with the Genocide Convention of 1948 which specifically envisaged that an international criminal court would be established to try