نوع المستند : مقاله پژوهشی
المؤلف
دکتوراة في فرع القانون الدولي، الجامعة الرضوية للعلوم الإسلامية، مشهد، ایران.
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
After seizing control of several Syrian cities, the terrorist organization ISIS committed brutal crimes that constitute a clear example of the crimes listed in Article 5 of the Rome Statute: "genocide, crimes against humanity, and war crimes." This led many international legal scholars to expect the International Criminal Court (ICC), which is responsible for the administration of criminal justice, to carry out its duties in prosecuting the leaders and members of this terrorist organization. However, in this article, which adopts a descriptive and analytical approach, and after extensive review and study, we find several reasons that have prevented the referral of ISIS crimes to the court. These include: Syria's non-membership in the court's statute, the court's complementary jurisdiction, the Security Council's failure to carry out its duties in referring ISIS crimes, and the limitations of the Pre-Trial Chamber of the Prosecutor's ability to refer cases to the court. However, despite these obstacles to referring this case to the court, Article 13 of the Statute foresees such cases and grants the UN Security Council and the ICC Prosecutor the ability to refer such cases to the court. Furthermore, the Syrian Arab Republic could issue a statement accepting the court's jurisdiction for a specific period with respect to crimes committed by the terrorist organization ISIS only. However, for various reasons, we have not seen these steps taken, in the hope of prosecuting ISIS in the future.
الكلمات الرئيسية [English]