نوع المستند : مقاله پژوهشی
المؤلف
أستاذمساعد في القانون الجنائي بأکادیمیة الحکومية للبحوث والتنمیة للعلوم الإنسانية (سمت)، طهران، إیران
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
Abstract
Major developments have taken place in the international legal system, and humanitarian considerations are the common denominator of many of them. Meanwhile, the International Criminal Court is a new structure for trying perpetrators of international crimes and human rights abuses. The Court has been associated with the category of human rights by establishing a link between international peace and security and criminal justice. Some believe that despite legal loopholes that make it practically impossible to apply the jurisdiction of international courts to government officials who commit international crimes, in order to bridge this gap, the scope of immunity and applicability of criminal jurisdiction by foreign courts to officials should be limited when examining the question of whether There has been a change in the approach of international law towards the immunity of senior government officials before the courts of other governments. It is necessary to address the most important of the current concerns, namely the conflict between immunity from state officials and the mandatory rules of international law. Executing a prison sentence in another country appears to be inconsistent with the objectives of the penalty and the principle of territoriality for the execution of a criminal sentence. In international agreements, the parties to the agreement consider options such as: the possibility of transferring and changing the provision in relation to the implementing country. Of course, this is contrary to the principle of sovereignty and independence of the judiciary. The appropriation of laws, the definition of legal principles through these agreements and the judicial representation by the authority that issued the judgment can be the basis for justifying these actions. Of course, this argument is riddled with flaws that have challenged the ICC's ability to investigate the four crimes under the ICC's jurisdiction.
This article has analyzed two categories of internal obstacles (structural, legal, functional) and external obstacles (veto rights, agreements prohibiting the trial and transfer of accused nationals, and some security problems) in the investigation of international crimes, using a descriptive and analytical method. . In the end, solutions to reduce these failures are provided.
الكلمات الرئيسية [English]
المصادر
Sources
ولیحی المختار، دیوان کیفری بین‌المللی و جرایم زیست‌محیطی، رویارویی و چالش‌ها، مجله حقوق و علوم انسانی، جلد ۱۵، ۲۰۲۲
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