DAMAGE RECOGNITION AND JUDICIAL CARE — THE ORIGINAL DESIGN OF THE ICC, THE ROME STATUTE, AND TRIAS POLITICA 3.0 — WITH FESS METHODOLOGICAL GENEALOGY

Abstract

I SEE WAR. I SEE DAMAGE. I COMMUNICATE WHAT I SEE. This Working Paper examines DAMAGE RECOGNITIONₒ and JUDICIAL CAREₒ through the original institutional design of the International Criminal Court (ICC), the Rome Statute, and TRIAS POLITICA 3.0 as an epistemic engineering model. The opening proposition expresses the empirical point of departure: war and damage are encountered, recognised and communicated. The recognition of DAMAGEₒ precedes the judicial determination of criminal responsibility. The citizen communicates what is observed; independently competent judicial institutions exercise their legally assigned powers of assessment and action. DAMAGEₒ encompasses injury, destruction, loss and impairment affecting persons, communities, societal structures, public institutions and judicial institutions. Its empirical recognition extends beyond the jurisdictional boundaries of national courts. The study reconstructs the historical preparation and establishment of the ICC, examining the original objectives, the participation of civil society, and the emergence of ADDRESSABILITYₒ and REPRESENTATIONₒ. These institutional capacities establish legally structured relationships between society, affected positions and independent judicial authority. The Rome Statute provides a plurality of judicial care capacities, including the reception and assessment of information, investigation, protection of victims and witnesses, victim participation, judicial cooperation and reparations under the applicable legal conditions. The ICC itself sustains DAMAGEₒ through sanctions directed against its independent functioning. The institutional realisation of the Rome Statute is likewise damaged through attacks upon the operational conditions required for the exercise of its competences. Contemporary opposition concentrates on criminal jurisdiction, prosecution and sovereignty. The sanctions, however, attack the institution as a whole, including the conditions supporting its broader judicial care capacities. The founding documents and contemporary declarations are examined in their own terms, revealing the discrepancy between the original institutional design and the present attack upon its independence. Within the FESS (Field Endometaphysical Science Series), FCLS (Field Criminal Law Series), and FHESS (Field Hybridity Endocriminological Science Series) framework, TRIAS POLITICA 3.0 develops an epistemic engineering model of societal addressability, judicial representation, independently exercised constitutional responsibilities and GLOBAL JUDICIAL CO-INDIVIDUATIONₒ. The study advances DAMAGE RECOGNITIONₒ as an empirical starting point for judicial care while preserving the independent legal competences of national and international judicial institutions.