Uluslararası Ceza Mahkemesi'nde Soruşturma Usulü

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Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray Üniversitesi, Hukuk Fakültesi, Kamu Hukuku, Turkey

Approval Date: 2018

Thesis Language: Turkish

Student: MURATCAN GÖKDEMİR

Supervisor: PINAR KARTAL

Open Archive Collection: AVESIS Open Access Collection

Abstract:

The main subject of this thesis is about theory and practice of The International Criminal Court's investigation process; its fundamental understandings, working system, current problems and recommended solutions. This work tries to debate whether investigation process of The International Criminal Court provides an adequate legal framework and exercise to fulfill Court's mandates before the goal of ending impunity for perpatrators of international crimes stricto sensu and to serve to the international criminal justice. Therefore the successes and failures of the permanent international criminal court project of 1998 Rome Statute is discussed via examinations and findings on investigation process of the Court. Forwhy, the Court has to determine the most serious international criminal acts under its jurisdiction to decide whether to proceed with an investigation or -then- prosecution. And also the Court must bring most responsible individuals for most serious international crimes into justice properly to put an end to impunity. It is evident that these essential tasks belong to investigation process of the Court, and without an effective and consistent investigation regime, the Court can not accomplish international criminal justice mission and even may lose its moral legitimacy and credibility in the eyes of international community. For all these reasons, this thesis has chosen the investigation regime of the Court to make an overall evaluation of the first permanent international criminal court of history.