Offences against the administration of justice

Offences against the Administration of Justice

Introduction

After the I & II World War and pursuant to the precedent efforts for the execution of international justice in the shape of establishments such as the Nuremberg Tribunal, the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) , there was a universal necessity to have a more comprehensive and transnational instrument for implementation of justice.

In July 17th, 1998 the world observed the signature of the international Treaty of Rome Statute that was indicating the constitution of the International Criminal Court (ICC) . The Rome Statute took four core international crimes into consideration namely; Genocide, War Crimes, Crimes against Humanity and the Crime of Aggression. The aim of the Statute as a great compromise between really different states of the world with different interests was to establish a legitimate international organ of criminal jurisdiction to combat massive international crimes.

The ultimate goal of the Court is to establish justice and anything distracting the Court and interrupts its function should be dealt with judicial treatment to protect the mission of the Court. In order to ensure this matter the Statute in Article 70, gives the Court the means to enforce its power against anyone attempting to breach the values of the Court.

The purpose of this paper is to study the part of the Rome Statute which covers the Offences against the administration of justice. We refer to the Rules of Procedure and Evidence alongside with The Statute. The focus of this paper is to analyze the offences against the administration of justice ...

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...0(4), the State Parties to the Rome Statute are obliged to ensure that their national criminal law systems are extended enough to cover the offences against the administration of justice of the ICC whether occurring within their territories or by any of their nationals. This principle has been emphasized within the Rule 167 of the Rules of Procedure and Evidence, by which the Court may ask the States to have cooperation with regard to surrendering the perpetrator of offences against the administration of justice or provide any judicial assistance to the Court and so forth. A remarkable point here is about the application of ' may ' for the Court request toward the State X to have cooperation with it, that it could be interpreted in a way that there is no obligation for the State to respond to the Court's request.