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THE CONCLUSION

Recently many states in various regions of the world even more often face displays of political instability. Confrontations of the international and not international character, political modes (frequently illegitimate), applying not legal violence, pressure in the international relations represent elements of the given instability.

One of consequences of the specified instability is considerable growth of criminal infringements of human rights. Thus increasing quantity of such infringements gradually passes from a condition of a consequence of political instability in the reason of its further escalation.

the given circumstance makes additional demands to the developed system of the international safety, assuming strengthening of its institutes by accurately debugged mechanism of the international criminal liability of physical persons for criminal infringements of human rights. The similar mechanism assumes not only elimination (or, at least, minimisation) impunity concerning perfect international crimes, but also indirect participation (as constraining and profilaktirujushchego the factor) in process mirotvorchestva and postdisputed mirostroitelstva. Certainly, such mechanism should have the institutsionalnoe expression of available constantly operating body of the international criminal justice. For today the specified body objectively is the International criminal court. As fairly notices I.I.Kotljarov, «the international criminal court is accurately enough entered in existing system of maintenance of an international peace and safety at a predominating role of the UN Security Council» [511] .

profilaktirujushchaja the role of the International criminal court does not cover the basic function of the given body of the international punitive justice - realisation of justice concerning the international criminal actions encroaching on fundamental laws of the person, and, more likely, supplements it. Both preventive maintenance of the international criminality and realisation of justice concerning the international crimes pursue one aim - protection of basic human rights, and, hence, strengthening of the international safety and an existing world order.

achievement of the specified purpose assumes balance observance between necessity of maintenance of the international criminal liability of physical persons for criminal infringements of human rights and a principle of the state sovereignty.

the Model of the international criminal justice fixed in the Roman statute of the International criminal court («the model komplimentarnosti»), for today most successfully personifies possibility for observance of the above-stated balance. According to model komplimentarnosti, the international criminal justice only supplements national systems of justice, not substituting thus them with itself. Within the limits of the given model Court intervention has exclusive character in case of inability or unwillingness of this or that state to carry out own jurisdiction concerning corresponding criminal infringements of human rights. Is admissible to establish, that fixed in positions of the Statute the model of the international criminal justice personifies a principle of the legal realism which is not calling into question the importance of the state sovereignty, and aspiring to render it necessary assistance.

Legal realism of the Statute «the system of filters» speaks also defined at realisation by Court of jurisdiction concerning the international crimes. It is necessary to note, in particular, item 124 of the Roman statute assuming for the state-participants of the Statute possibility (on them is

niju) not to recognise jurisdiction of Court concerning war crimes within 7 years after the introduction of the considered international legal act into force for the corresponding state. Other example of such "filter" is the Statute item 16, forbidding to Court to carry out investigation or criminal prosecution within 12 months after SB the United Nations in the resolution accepted on the basis gl. VII Charter of the United Nations, «addresses in Court with the request in this respect» (and the given request can be repeated the UN Security Council on the same conditions).

Similar restrictions for realisation of jurisdiction of the International criminal court testify not about legal «the compromise with impunity», and to a significant place of the international criminal justice and institute of an individual responsibility of physical persons for criminal infringements of human rights in system of the international safety. Adjournment in time of responsibility for criminal infringements of human rights is sometimes a necessary condition for settlement of the international and-or interstate conflict situations generating the above-stated infringements.

it is necessary to notice also, that acceptance and coming into force of the Roman statute of the International criminal court became essential step on a way of a defragmentation of the international criminal law. Certainly, would be premature to consider the Roman statute in quality some kind of conventional «the Code of crimes against peace and safety of mankind» (and not accepted). However that fact is obvious, that for the first time at level of the international legal certificate were kodifitsirovany concrete structures of war crimes (with a support on four Geneva conventions of 1949) And crimes against humanity (in this connection it is possible to establish their actual exit from a category "not conventional" international prestup - [512] [513] leny). A doubtless merit of the Statute is criminalisation (at conventional law level) aggression crimes (at present not become effective yet). The basic result of codification by the Statute of concrete structures of the international crimes it is necessary to admit the fact of their consolidation in the uniform international legal certificate, and also some kind of contractual legitimation of the international criminal law of division of the specified criminal actions standard in the doctrine on a crime of a genocide, a crime against humanity, war crimes and an aggression crime.

the international criminal court has taken the place as the significant mechanism of the international punitive justice and, according to Century And. Kartashkina, «became that factor of maintenance of due behaviour of the states which has given to the international criminal law character of complete system pra - va» [514] .

At the same time a number of the states, including the Russian Federation [515] , expresses concern excessively large powers MUS in sphere of possible realisation of jurisdiction of the given body of the international criminal justice bypassing definition about presence of the certificate of the aggression given by the UN Security Council. The given circumstance, along with discrepancy of some Statute positions to the Russian legislation [516] , does not allow the Russian Federation to become the state-participant of Roman statute MUS.

At the same time is admissible to assume, that the list fixed in positions of the Roman statute of the international crimes encroaching on fundamental laws of the person, is not definitive and settling.

It would be represented expedient to make to the Statute following additions:

- to add the list of the crimes which are coming within the jurisdiction MUS, with a crime of the international terrorism. The international terrorism is often enough considered by a science of international law as the international crime. Now the international terrorism is one of the most serious crimes who encroaches on basic human rights and infringes on interests practically all world community. Growth of the terrorist displays frequently representing threat to stable development (and sometimes and to the existence) the whole states, specifies in necessity to consider terrorism as the international crime. Certainly, inclusion of the international terrorism in the list of the crimes which are coming within the jurisdiction MUS, becomes possible only after working out of definition of the given crime and its fastening in corresponding mezhdunarodnopravovom the certificate;

- to add the list of the crimes which are coming within the jurisdiction MUS, with a crime of transnational drug-dealing. Pertinently to mention, that as an initial impulse to establishment of the International criminal court the state Trinidad and Tobago initiative about creation of the International criminal court on struggle against drugs has served. At the moment transnational drug-dealing is one of the basic threats to the mankind, which quantity of victims comparably with quantity of victims of certificates of a genocide and other criminal infringements of the human rights which are already coming within the jurisdiction MUS;

- considering special concern of the world community on the favorable environment, fixed in Stockholm the deck - [517] laratsii from June, 16th, 1972, the Orhussky convention from June, 25th, 1998 and other international documents, it is obviously possible to add with human rights a category of crimes against the humanity, coming within the jurisdiction of Court, structure "ekotsid". Similar offers were sounded earlier in scientific publications. In particular, A.H.Abashidze and A.M.Solntsev the offer expressed to criminalise in positions of the Statute a crime ekotsida (the truth, as independent version of the international crimes, instead of one of structures of crimes against humanity) [518] ;

- it is represented expedient to add a category of the war crimes which are coming within the jurisdiction MUS, the positions criminalising application of such means of war, as application of the bacteriological (biological) weapon (similar offers already expressed earlier [519] ), and also position about responsibility for naemnichestvo (considering special danger of the given phenomenon to the world community).

As a whole, however, it is necessary to note full enough and detailed scope (especially regarding responsibility for war crimes) positions of Roman statute MUS of the international criminal actions encroaching on basic human rights.

Thus scientific personnel and separate scientists, developing separate positions of the present dissertational research, could continue work in a direction of studying of the crimes which are coming within the jurisdiction MUS, correct differentiation of the specified criminal actions, limits of an admissibility of a presentation to the persons presumably guilty of fulfilment of given crimes, so-called «cumulative charge», etc.

Legal bases of activity of the International criminal court are in a condition of formation and, certainly, require perfection. Nevertheless extensive enough practice of the International criminal court as body of the international punitive justice, confirms, that the Court is not deadborn establishment, and significant institute of system of the international safety, protection of human rights and responsibility for their criminal infringements.

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A source: Ljamin Nikolay Mihajlovich. the International criminal court and responsibility for criminal infringements of human rights. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

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