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Topic: Social Issues
Number of pages / Number of words: 11 / 2958
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The Court is endowed with the ‘power of appeal,’ where they have the authority to assess whether the state was “unwilling or unable to genuinely carry out the investigation or prosecution.” The unwillingness or the inability of the state court is assessed from “the standpoint of procedural and substantial fairness...


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And since this assessment is subject to interpretation and the Court has the potential to be exploited for other interests. This exploitation is prevented by the state’s ‘power of appeal,’ where the Court decision is subject to judgment. First, the state has the right to hearings before the Pre-Trial Chamber, where they can argue the legitimacy of their court proceedings...


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