What expect future 'special court: This article explores the topic in depth.
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In addition to immunity, a second limit arises: how to make an accused appear or challenge an convicted person to serve a sentence, if he is in a state, Russia, who does not recognize this court and does not collaborate?
First, no need for Russia’s cooperation to appear its president or other senior officials. In addition, The holding of the trial in their absence, “in absentia”, is possible under certain conditions, explains Professor Pierre d’Argent.
“The status of this court provides that condemnation ‘in absentia’ is possible if the accused person has formally accepted him (which is a little illusory). Furthermore, if, after having taken all the steps to try to obtain that the accused be transferred to the court, it was not possible and that the higher interest of justice request. Similarly, So there is a compromise formula between what expect future ‘special court those of continental tradition who know the convictions’ Anglo-Saxon tradition which absolutely. does not foresee it“.
On the other hand. if one day Vladimir Putin was condemned, to arrest him it would be a hypothetical collaboration of Russia.
“For it to work, Russia should cooperate with the court” nuance Olivier Corts. “The day Vladimir Putin (since it is essentially he is targeted) is no longer in office. there will be two cases. Either the new Russian authorities remain close to him and do not cooperate with the special court. There will then have no way to arrest Vladimir Putin, it is a limit both political and legal. Or, second hypothesis, there is a reversal of the new authorities, could then decide to cooperate with the court. but it is still very hypothetical.
For the time being. adds Olivier Corten, Vladimir Putin could denounce, in the meantime, the Western inconsistencies which what expect future ‘special court want to make it appear before this court for the attack of Ukraine but which do not, on the other hand, not in line, for example, the United States for its attack on Iran. This “two-pows-two-measures” in favor of Westerners, “This is an accusation that can always be brought to special courts”.
What expect future 'special court – What expect future 'special court
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