Russian Law Journal by Ruth van der Pol
Papers by Ruth van der Pol
Issue 1 Vol.III (2015) of the Russian Law Journal contains articles on different comparative law ... more Issue 1 Vol.III (2015) of the Russian Law Journal contains articles on different comparative law topics, including civil procedure, contract law, and environmental protection in the Arctic region, but the main topic is the Russian-Ukranian relationship. Few articles concern the status of Crimea.
Unlike the ICTY and ICTR Statutes, the Rome Statute of the ICC provides in Article 75 for various... more Unlike the ICTY and ICTR Statutes, the Rome Statute of the ICC provides in Article 75 for various forms of court-ordered reparations for the victims of heinous crimes that fall within the jurisdiction of the Court. The ICC, however, does not have any ‘penal enforcement authority’ of its own, nor does it have the authority to enforce its reparation orders or orders to freeze or seize the accused’s property as a protective measure. For the enforcement of court-ordered reparations and protective measures, it depends to a great extent on the cooperation of State Parties. In the Netherlands, the implementation instrument is the ICC Implementation Act, which establishes the basic legal framework for the enforcement of ICC reparation orders and ‘protective measures’ ordered by the Pre-Trial Chamber to secure redress of a future reparations award. This article offers a practical description of the general framework for victims’ access to reparations under the Rome Statute and its implementa...
Unlike the ICTY and ICTR Statutes, the Rome Statute of the ICC provides in Article 75 for various... more Unlike the ICTY and ICTR Statutes, the Rome Statute of the ICC provides in Article 75 for various forms of court-ordered reparations for the victims of heinous crimes that fall within the jurisdiction of the Court. The ICC, however, does not have any ‘penal enforcement authority’ of its own, nor does it have the authority to enforce its reparation orders or orders to freeze or seize the accused’s property as a protective measure. For the enforcement of court-ordered reparations and protective measures, it depends to a great extent on the cooperation of State Parties. In the Netherlands, the implementation instrument is the ICC Implementation Act, which establishes the basic legal framework for the enforcement of ICC reparation orders and ‘protective measures’ ordered by the Pre-Trial Chamber to secure redress of a future reparations award. This article offers a practical description of the general framework for victims’ access to reparations under the Rome Statute and its implementa...
Vestnik of Saint Petersburg University. Law
Russian Law Journal, 2015
Russia, and elucidates three basic questions in that respect: 1) should civil law courts seek for... more Russia, and elucidates three basic questions in that respect: 1) should civil law courts seek for truth in civil process; 2) how must this truth be perceived; and 3) how do courts seek for truth? The Dutch approach to these questions is basically that no justice can be done when there has not at least been undertaken a serious effort to find out the truth, while at the same time acknowledging that seeking for truth has less to do with the final result than with the attitude of the court in its quest for a just decision. In their search for truth -by establishing the correct facts -Dutch courts apply a balanced methodology. Russian civil courts take the position that, although are not required to, they think they should search for truth in the sense that it correctly reflects objective reality. It may well be that Russian civil procedure puts in theory a goal of finding objective truth but, while having no objective instrument for that, does so in the most subjective way possible. Dutch methodology may well be the one needed for the Russian courts.
Uploads
Russian Law Journal by Ruth van der Pol
Papers by Ruth van der Pol