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EKATERINA A. KOPYLOVAа
аEmbassy of the Russian Federation in the French Republic and Principality of Monaco
DOI: 10.22394/2070-8378-2020-22-3-55-63
Abstract:
The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.
Keywords:
prosecutor amicus curiae, international privileges and immunities, international criminal justice, International Criminal Court, Office of the Prosecutor, agent of an international criminal tribunal
Received:
June 5, 2020
References:
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Lysenko V. V. Amicus curiae Institute in the theory and practice of the NGOs and the European Court of Human Rights. Rossijskij sudia. 2008. № 9. P. 38–42. In Russian
Mochochoko P. The Agreement on Privileges and Immunities of the International Criminal Court. Fordham International Law Journal. 2001. Vol. 25(6). Р. 638–664. In English
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Williams S., Woolaver H., Palmer E. The Amicus Curiae in International Criminal Justice. Hart Publishing, 2020. In English
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