Protecting victims of international crimes: A reflection on the functional interpretation of the Statute of the International Criminal Court
He-Yong W. Hong-Wei W. Tatarinov D. Saktaganova A. Saktaganova I.
27 September 2024Lviv State University of Internal Affairs
Social and Legal Studios
2024#7Issue 3203 - 212 pp.
This study identified essential factors concerning the safeguarding of victims of international crimes within the context of the functional interpretation of the Rome Statute. The study examined the principal worldwide legal frameworks governing the protection of victims of these crimes. The study employed hermeneutic, system-structural analysis, comparative legal, and other methods. The analysis results indicated that the legislation of Kazakhstan lacks clearly defined norms that relate to the responsibility of the state to victims, as well as their right to adequate reparation, including compensation and rehabilitation, as mandated by the UN Convention against Torture. Kazakhstan and China have not ratified the Rome Statute, largely due to political considerations. Kazakhstanʼs accession to the Rome Statute could lead to the harmonisation of national standards with international demands concerning the rule of law and the protection of human rights, as well as strengthen global efforts to counteract the evils that threaten peace and security. It was also found that the lack of clarity in the normative terminology and methods of interpretation of the Rome Statute, as well as conflicts between different objectives, led to the use of a functionalist approach by the court in interpreting the Statute. This weakens its basic function of protecting peopleʼs rights, violates the competences of the participating states and interferes with the principle of national sovereignty. The study addressed the need for victimological prevention of victims of international crimes, which should include improving the practice of treating victims, revising legislation, and developing new structures and services. It is also essential to provide information about the methods of abuse and the diversity of victims through various media formats.
competition of criminal law norms , functionalism , implementation , prevention , victim
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Al-Farabi Kazakh National University, 71 Al-Farabi Ave., Almaty, 050040, Kazakhstan
Harbin Institute of Technology, West Dazhi Str, Harbin, 150001, China
A.K. Kussayinov Eurasian Humanities Institute, 4 M. Zhumabayev Prosp, Astana, 010009, Kazakhstan
L.N. Gumilyov Eurasian National University, 2 Satpayev Str., Astana, 010008, Kazakhstan
Al-Farabi Kazakh National University
Harbin Institute of Technology
A.K. Kussayinov Eurasian Humanities Institute
L.N. Gumilyov Eurasian National University
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