مقالات رزومه دکتر صادق سلیمی

Severe breaches of humanitarian law are one of the jurisdictional of  international criminal tribunals ratione materiae. On the other hand, although the four 1949 Geneva Conventions and their additional protocols do not explicitly refer to human rights because refer to the situation of armed conflicts, but in the statutes of the international criminal tribunals, whether the International Criminal Court or ICTY or ICTR, The multiple effects of human rights and international humanitarian law are dealt with each other. In cases such as Prosecutor v. Kronjlak (2002) in the International Criminal Court for the former Yugoslavia, the relationship between international humanitarian law and human rights has been pointed out. The main question that has been done in this research in a descriptive-analytical methodology , according to the practice of international criminal courts, what is the mutual influence of international humanitarian law and international human rights? The result of the current research is that the rules of human rights, such as the right to a fair trial for perpetrators of international crimes, witnesses and victims, and not considering the immunity of accused government have penetrated into officials in international criminal proceedings. On the other hand, human rights and international humanitarian law collide with each other in one point “ humanity “ .

National security can be discussed as a very important phenomenon, and one of these areas is the environmental issue, which has caused the formation of new debates under the title of environmental security. The numerous characteristics of environmental damage that have irreparable effects have caused this category to become a significant influence in jeopardizing national and international security and to face a serious risk to sustainable development. Green Crime has endangered the national security with its characteristics. By recognizing one of the anti-green crimes under the title of crimes against security, Iran's legal system has paid attention to the fact that environmental crimes can endanger national security in some cases. However, in other dimensions, the anti-green crime has not had a coherent criminal policy in the areas of criminal law, which is proposed to be achieved in the form of differential criminalization. This research, using descriptive-analytical method, will firstly describe the green belt and environmental security, and then, from a legal and criminological point of view, it will investigate the impact of the green belt on national security and environmental security, and will discuss the challenges and solutions in this field.

The necessity of compensation for the damage caused in the field of civil responsibility is a certain thing, which includes governments, and often this responsibility and its consequences appear in war issues and the like. In this regard, the question is raised as to how the legal system of paying compensation to war victims should compensate their losses. The hypothesis of the upcoming article is that the payment of compensation, which is an issue in civil rights, is based on the discussion of justice in advance, and the payment of compensation and compensation is made after that. For this reason, this research has analyzed the concept of justice and its impact on the legal system in a comparative way, and has selected two case studies of Iran and the United States. The findings of the research have shown that although the legal systems of Iran and the United States, according to their own principles of justice, pay compensation and compensate the injured, but in the code of justice for determining damages, some parts of American law overlap with the discussion of diat, but some parts of it are relative It is fluid and unstable to social and economic developments. Descriptive-analytical research method, comparative approach, and library and documentary data collection method.

Cryptocurrencies are on the rise and so is money laundering. Some cryptocurrencies such as Bitcoin have played a major role in the proliferation of online money laundering as it possesses characteristics that criminals are fond of.Bitcoin and other cryptocurrencies are decentralized and anonymous. They provide the means to skirt the Anti-Money laundering safeguards that have been put in place. The purpose of this paper is introducing and investigation of the legal features of virtual money and combatting the ensuing money laundering, which has caused crimes such as fraud and organized crimes-originated internet money laundering, the main use of which is in virtual networks and communities. The aim of this paper is analyzing legal challenges of combatting cryptocurrencies-originated money laundering, investigating its influence on preventing money laundering in domestic and international level. It is finally concluded that it is better to spot the proper technologies and monitor the way they are used by complying with the current legal plans and amending them in line with state of the art methods rather than adding up to the rules and anticipating new generations of complicated technologies.

The idea of establishing an International Criminal Court can be considered as a transformational and developmental idea in the field of international law. Following the Nuremberg trials, the drafting and adoption of the Rome Statute is considered an important document in the realm of international criminal law. This document, unlike the founding documents of the Ad Hoc tribunals, is an international treaty. Therefore, it is subject to the provisions of customary international law governing international treaties. This statute is a development and codifying treaty. In addition, not all state are parties to this treaty and therefore some states are considered third parties to it. In the present article, the concept of a third state in the framework of the Rome Statute has been studied descriptively-analytically. The question then arises as to whether the principle of relativity of treaties applicable to the Rome Statute also is subject to exceptions. According to the findings of this study, the Rome Statute is subject to some exceptions, such as: the existence of a customary rule, the existence of a jus cogense rule, the decision of the Security Council and the consent of the concerned state to the application of the treaty. It is important to note, however, that the extension of the Court's jurisdiction to a state not party to the Statute, outside of what is provided for in the Statute, cannot be consistent with the spirit of criminal law as set forth in the Statute.

Lawyers in all legal systems are subject to special disciplinary regulations due to the sensitivity and importance of their job. In Iranian law, most disciplinary regulations are nearly 70 or even 85 years old. At the International Criminal Court, a relatively fledgling but universal institution, lawyers are subject to the 2005 Code of Professional Conduct for Counsel. So far, the disciplinary authority of this court has issued decisions regarding 5 lawyers. In this descriptive-analytical article, it is aimed to find the basic flaws of the self-regulatory system of the Iranian Bar Association in comparison with the disciplinary regulations of the Court. By studying and comparing these two legal systems, some regulations of Iranian law should be amended and updated. On the one hand, the number of judges of the disciplinary authority must be at least 5 members and at least two lawyers must be present in this composition. On the other hand, several disciplinary delicts, including not giving a second copy of the power of attorney, not giving a power of attorney receipt to client, prohibiting the determination of a percentage of the amount sought as attorney’s fees, and concentrating advocacy affairs in Iranian law can be removed with new technology. Direct contact with the other party without the knowledge and presence of his lawyer and contacting the judge regarding the case outside the rules of procedure in line with international developments should be considered disciplinary misconducts.

Cyber terrorism as a potential danger threatens all governmtnts all over the world and its characteristics create serious violations of international peace, security and human rights. On the other hand, its different committement from classic terrorism has established fundamental challenges in the field of jurisdiction, crime detection, extradition and punishment of the perpetrators. Therefore, a phenomenon that has a cross-border nature cannot be fought and suppressed by national measures and requires organized cooperation with the serious efforts of subjects of international law. These cooperations have wide dimensions, the first and most important aspect of which is the effort to establish rules in the fight against cyber terrorism.

The research method in this article is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles. First, the parctices of some leading institutions in the field of policy-making in the fight against cyber terrorism will be studied in a descriptive manner and then with an analytical method, criteria for future effective measures will be presented from these actions and practices.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.

Due to the problem of terrorism in all its types, the ease of committing cyber attacks, creating terror and its severe consequences compared to classical terrorism, organizations ranging from the United Nations to regional organizations, groups and the subgroups have take several measures in their agenda in order to realize effective and diligent cooperation among their members, from criminalization to detection, extradition and punishment of criminals. In international efficiency analysis conducted by international organizations, factors such as the status of rules with preventive features and criminalization and implementation of rules by international cooperations and coordination should be taken into consideration.

According to the study conducted on the procedure of international and regional organizations in fulfilling the commitment of governments to cooperate in establishing rules in response to cyber terrorism, it is noteworthy that regional organizations with a security approach such as NATO have had significant success compared to the United Nations.

In International law we have not real legislator that we know, so resources of international Law evolved that the most important of them is in article 38 of statute of International Court of Justice for political relations between states. Today soft law was part of resources of International Law but was not a part of article 38. Soft law was moving to developed law concept in political relations between states. Did governments accept these new concept? We supposition soft law is crystalize to hard law but not always. It was very important that soft law was new opportunity to normalization, policymaker and formulation political relations in international society. Furthermore, it is challenges in international society that if the soft law would not definition exactly, it will be subterfuge for governments. This divergence was cause opportunity and challenge of soft law in international society. In this articles our purpose was definition of soft law, we will show the effects of requirements of political relations.

The fight against money laundering and terrorist financing begins with controlling access to the financial system and preventing dirty money from entering the financial system. Due Diligence  and verifying customer identities is one of the most important challenges banks and financial institutions that those are  faceing  with their clients (low risk and high risk). The purpose of customer Due Diligence is to enable the bank to understand the nature and purpose of customer relationships. These processes help the bank identify potential suspicious transactions. The research method is applied in terms of purpose and descriptive and analytical in nature. The method of collection is also library-based and the tool for collecting information is the type of catch. The research data were analyzed in a qualitative manner. The findings show that customer Due Diligence is the basis for identifying suspects and tracking crime financing. Finally, customer Due Diligece Regulations for high-risk customers should be tightened up and suspected of active surveillance activities not used as a tool to finance terrorism. Writing of guidelines will also be necessary for Banks  to identify such customers.

The International Police Organization has been established to establish cooperation and coordination between the national police of member states. In order to achieve its goals, the organization issues various notices, headed by a red notice, which is similar to an international arrest warrant for defendants and criminals. According to Article 2 of the Interpol Charter, the organization must abide by the spirit of the Universal Declaration of Human Rights. There is a question, what mechanism is envisaged in Interpol to guarantee human rights?

The present study is qualitative and according to the nature of the subject, in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the information obtained is descriptive-analytical.

Considering that some authoritarian governments used Interpol as a tool to pursue and gain access to their opponents, who were in fact only politically charged, some individuals and organizations have consistently and logically criticized this for the past two decades. And stressed the need to develop a mechanism to respect the human rights of individuals. Therefore, with the amendments made to the Articles of Association of the Interpol Files Control Commission, this commission has a quasi-judicial jurisdiction and composition, and individuals can complain to this commission and the Commission's decisions and decisions for Interpol bodies and member states regarding the removal of processing information. Is applicable in Interpol.

By studying and analyzing the rules and structure of the commission and especially the sample of votes issued in this research, we come to the conclusion that the commission always tries to maintain impartiality, protect and guarantee the human rights of individuals.

Measures taken by governments during armed conflict to safeguard their essential interests sometimes cause damages to foreign investors. The investors thus affected seek remedies in the arbitration tribunals invoking breach of host government obligations to protect investments. The host government also usually attempts to assert as defense non-precluded measures to prove its irresponsibility, or if it proves responsible, justify it by resorting to circumstances precluding wrongfulness in the customary international law. But since different courts do not consider the same requirements to invoke these rules, there is no certainty that the parties to the lawsuit will be able to invoke them and, as a result, the scope of government's obligations to protect the foreign investor during the armed conflict is obscure. To clarify the scope of the host government's obligations to protect the foreign investor during armed conflicts and balance the interests of the investor and the host government during the investment disputes arising from the armed conflict, this article explores the possibility and requirements of invoking circumstances precluding wrongfulness and non-precluded measures and the relationship between them.

The transformation of the international legal system from state-centered to humanist has led to the increasing attention of the international community to human rights principles, and it is believed that some of these principles are jus cogens or customary international law and are beyond satisfaction. Therefore, it is necessary for the domestic law of countries to comply with the requirements of these norms.In the process of observing the performance of the government by international observer bodies, one of the important criteria in assessing the human rights behavior of the government is the judgments of the courts that if they do not comply with international human rights principles, they will cause the government international responsibility.

The present study, assuming the existence of two authoritarian and human rights approaches among judges, intends to explain the characteristics of ideal judgement conform to human rights principles through an analytical-descriptive method.

Despite the high status of human rights principles in the international legal system and government’s liability for observing them, these norms are not considered in national courts in the litigation process and there is no effective planning to promote this approach in the judiciary. Whereas from the perspective of international human rights bodies and observers, the judgments of the courts are very important in evaluating the country's legal system, as a result, the above approach causes the country's judicial system not to have a proper position in the viewpoint of these observers and to face challenges to the country. The characteristics presented in this study reduce these challenges and align the approach of judges with the international human rights system.

In recent years, reports on amount of corruption and administrative health in media and public discourse have increased. Corruption has widespread even in non-governmental organizations. Iran's Corruption Perceptions Index on January 2020 is 146 out of 180 countries and Regulatory quality index is 178 out of 193 countries. The present article deals with pathology of situation of anti-corruption non-governmental organizations and evaluate the role of state actors in anti-corruption NGOs (state-oriented NGOs) and its prevention in Iran. This survey is a qualitative one and in terms of implementation, is a descriptive-analytical method which have been obtained by using Political Delphi technique, documentary and library tools from national and international reputable databases. The statistical population is the total number of anti-corruption NGOs reported in official information sources, (9) cases. Findings showed the vast majority of founders of Anti-Corruption Non-Governmental Organizations in Iran are authorities. Non-standard Acts and regulations, depriving some of police duties and delivering it to other agencies or persons and lack of giving licenses to non-officials are some of observed problems in Iran. Ways and conditions of establishing and granting license to anti-corruption non-governmental organizations, which is issued only to specific individuals and groups, have reduced effectiveness of anti-corruption activities. Non-state-oriented anti-corruption NGOs can combat corruption by proactive, reactive and preventative measures.

After more than 70 years since the last and so far the only prosecution of the crime of aggression in an international judicial body, the International Criminal Court’s jurisdiction over aggression was activated in 17 July 2018. It took nearly two decades since the ICC Statute adoption in 1998 for the states parties to agree on a definition of crime of aggression and a method to activate ICC’s jurisdiction over the crime. In the revision conference of 2010, the states parties reached an agreement regarding the definition of the crime and some jurisdictional matters. In spite of pressure from permanent members of the Security Council, the ICC jurisdiction was not subjected to prior approval of the Council. Nevertheless, to exercise its jurisdiction, the aggressor state must be a state party to the Statute and accepted the ratifications. Furthermore, if a state party does not accept the amendments, the Court shall not exercise its jurisdiction regarding a crime of aggression committed by that state party’s nationals or on its territory.  This mechanism is a great challenge to the ICC and people who hoped ICC could hold national leaders accountable for the illegal use of force against other states.

According to  Article 53 of the ICC Statute, in addition to jurisdiction and admissibility, an investigation or prosecution should not violate the interests of justice. Any prosecution and investigation are presumed to serve the interests of justice unless taking into account the gravity of the crime and the interests of victims otherwise proved. Pre-trial Chamber II admitting the gravity of alleged crimes, admissibility and jurisdiction rejected the prosecutor’s request for authorization of an investigation in Afghanistan in April 2019 arguing that it would not serve the interests of justice redundant. The Appeal Chamber reversed the impugned decision and authorized an investigation on 5th March 2020. While based on all 5 situations so far decided and The Office of the Prosecutor Policy Paper on the Interests of Justice, the Pre-trial chamber judicial review had been recognized the Appeal Chamber held that the prosecutor might exclusively establish it. In this descriptive-analytical study, having analyzed what the meaning of interests of justice and competent body to establish it are, it is found that the pre-trial chamber had rejected the authorization request because the chamber believed that it was unlikely or even impossible that investigation would result in the statute objectives. It seems that the pre-trial chamber was influenced by some extra-judicial considerations. The appeals chamber preferred justice and equality before the court

On 27th November 2019 the first sentencing decision regarding offences against the administration of justice was confirmed and finalized by the ICC’s Appeal Chamber judgment. Appropriate sentencing was very controversial; Trial Chamber suspended the imprisonment and determined that the principal perpetrator’s punishment would be higher than the accessory to the crime. Appeal Chamber reversed the decision and returned to Trial Chamber VII to resentence. In this Descriptive-Analytical research it is found that remanding sentences to the same Trial Chamber for a new substantive determination is in contradiction to legal principles and the provisions of the Rome Statute. Furthermore, it is found that the Appeal Chamber is strictly bound by the explicit wording of the Statute's provisions and does not agree with its expansion even if it is in the interests of the convicted person and of justice. The Appeals Chamber pays due attention to individualization of sentences and it deems the solvency as a relevant factor in determining appropriate sentence. In the ICC, the trial chamber may on its own motion or at the request of the Prosecutor or the accused hold a further hearing to hear any evidence or submissions relevant to the sentence. Then it accepts or rejects the submissions of the parties one by one by its detailed reasoning. This procedure is advisable for our domestic law.

The operation and ownership of border rivers is a contentious issue for many governments. Exploitation of the Helmand River is one of the legal issues between Iran and Afghanistan since the signing of the 1857 Paris Agreement. This study was conducted with the aim of comparative study of the legal situation of the Helmand River water exploitation with the basic principles of the 1997 Convention. It is a descriptive-analytical method that has been extracted by studying the documents and texts of the 1997 UN Convention and the Iran-Afghanistan Treaty on Helmand Water (1973) and its protocols No. 1 and 2, and then by analytical comparison of the provisions of these documents and the strengths and weaknesses of them are addressed. The findings show that the fundamental norms contained in the 1997 Convention exist in the water relations of Iran and Afghanistan, and it is necessary to follow the global norms for the optimal use of the common Helmand River in order to solve the remaining problems. The results of the present study indicate that Iran has supported the fair operation of each state participating in the common waterways and has shared water with its neighbors accordingly. Theoretically, Iran has applied the doctrine of limited territorial sovereignty and, as an upstream or downstream government, has recognized the right of its neighbors to exploit shared water resources. The principle of non-discrimination and commitment to consultation and exchange of information, the peaceful settlement of disputes and the manner of this settlement, the preservation of the environment and the establishment of a permanent body for water management are enshrined in Iran's border agreement with the Government of Afghanistan and in accordance with the 1997 UN Convention

Bilateral Investment Treaties can be considered as one of the most important sources of international investment law, which emerged with the aim of establishing customary international law in the form of treaties. Today, due to the efforts of capital exporting countries as well as support of some international organizations, the host state obligations towards foreign investors are increasing in these treaties, on the one hand, and investment arbitration tribunals provide broad interpretations of the host state obligations in favor of investors, on the other hand. This has led to the increase of claims against the host states, which have inflicted losses on them even greater than the returns derived from foreign investments. Though in the past foreign investors were concerned about protecting their capital and security in the host country, now, host states are concerned about restrictions on the exercise of their sovereign rights to regulate in the public interests (Habibzadeh & Gholami, 2018: 114).  Due to the recent wave of riots, terrorism, wars and other forms of armed conflicts around the world, one of the most controversial issues in international investment law, which has so far been overlooked in its specific legal dimensions, is claims over armed conflicts. Some foreign investors invest in the countries involved in conflicts due to the opportunities for profitability in war situations, and even expect more profits (Zamani & Bazzar, 2018: 231), but due to the turbulent conditions in these countries, possibility of destruction and seizure of their assets increases, which results in the breach of investment treaties. In recent years, upon increase of claims of investors against the host states over domestic and international armed conflicts, it seems that the scale of investment claims has become heavier in the interests of the investors and therefore attention must be paid to protect the interests of the host states in such situations.

The most important standard of treatment invoked by foreign investors in claims arising from armed conflicts is the standard of full protection and security which is designed to protect the investors and the investments against violent acts (Ostransky, 2015: 137). Almost all investment treaties contain the clause of protection and security, although they have used various terms such as full protection and security or sustainable protection and security. Since most of these treaties do not explicitly specify the nature and scope of protection of this standard, arbitration tribunals have interpreted this standard at their own discretion and, in some cases, preferred the interests of the investors over the interests of the host States in their awards regardless of the specific circumstances of the armed conflicts.  

Adopting a descriptive-analytical method and referring to the arbitration practices and investment treaties, this article seeks to clarify the nature and scope of full protection and security in the situations of armed conflicts in order to protect the interests of the host state.  

Referring to the rules of interpretation of treaties in the Vienna Convention, this study determines that the standard of full protection and security refers only to the treatment of aliens in customary international law, and since the customary rule of treatment of aliens is a relative rule that pays special attention to the specific circumstances and resources of the host country, reflection of this customary rule in the treaty as a standard of treatment does not change its nature as a relative standard (Paparinskis, 2013: 160). As a result, arbitral tribunals, when examining compliance or non-compliance of the host state with the standard of protection and full security during armed conflicts, must take into account the specific circumstances of each country (Zeitler, 2001: 201) so that the interests of the host state are also protected. Another important point regarding the responsibility of the host state is that the host state will not be liable to the investors for damages caused by non-state actors who are not attributed to the state, unless it is proven that the host state has failed to take preventive measures and protect the investor against the non-state actors. Some arbitral tribunals have refrained to admit the conventional scope of full protection and security standard, which refers only to physical protection of the investors, and extend this standard to the legislations of the host states. (Dolzer & Schreuer, 2012: 243). This approach clearly means preferring the interests of the investor over the interests of the host state. If the parties to the treaty intend to extend the scope of this standard beyond its conventional concept, they must explicitly stipulate it in the treaty. However, if the term "full protection and security" is used in the treaty without any explanation, the arbitral tribunal shall not, at its discretion, provide a broad interpretation of the scope of the host State's obligations and then, on the basis of such interpretation, determine that the host state is in breach of the obligations it has not undertaken in principle and the treaty is silent on them.

It is vital that shortcomings in the language of investment treaties and the ambiguity of standards in treaties will lead to different interpretations by arbitral tribunals. If countries explicitly stipulate their intentions when negotiating these treaties and specify the nature and scope of each standard, and leave no ambiguity, inconsistency of decisions in arbitrations will be reduced and a balance will be struck between the interests of the investor and the host state. As a matter of fact, Arbitral tribunals should notice that during the time of armed conflicts the host states are not able to provide the same level of protection for investors as they provide in peacetime, such as the rights of their own citizens which are different in peacetime vis-a-vis wartime, or in ordinary places vis-a-vis demarcated border areas. If a host state is to be held responsible for violating the standard of full protection and security during armed conflicts, the consequences of this violation must be evaluated in light of the state of emergency arising from such armed conflicts.

The International Court of Justice has scrutinized both aggravating and mitigating circumstances from its ever lightest sentence against Mr. Almahdi in 2016 to its heaviest sentence against Mr. Ntaganda in 2019 and other sentencing decisions. This paper is aimed to analyze principles governing on mitigating circumstances in ICC Judgments recommendable to Iranian domestic law. In order to scrutinize the evidence and reasoning of the parties regarding the aggravating or mitigating circumstances, the trial chamber may on its own motion or at the request of the Prosecutor or the accused hold a further hearing to hear any evidence or submissions relevant to the sentence. Then it accepts or rejects the submissions of the parties one by one by its detailed reasoning. This procedure is advisable for our domestic law.In this Descriptive-Analytical research analyzing and comparing various sentencing judgments it is found that to establish mitigating circumstances, the court takes into account all personal circumstances and behaviors of the convicted person from early steps of committing crimes, after commission, surrender to the court, during detention, trial and imprisonment. Because of the gravity of international crimes even if various mitigating circumstances established, the minimum imprisonment will not be less than two years.

On December 7, 2019, equal to 16 Azar 1398, the International Criminal Court issued the heaviest sentence of imprisonment for 30 years for Ntaganda. In this verdict, the aggravating factors of punishment are discussed in detail. The aggravating circumstances of crime are also discussed in detail in the previous judgments of the Supreme Court. The International Criminal Court (ICC) after sentencing, holds an independent hearing only to determine the aggravating circumstances and mitigating circumstances. In this court hearing, the parties merely argue for aggravation and mitigation, and the Court responds to every single case cited by the parties. In domestic and municipal law, it is appropriate to separate the stage of conviction for the crime and the stage of sentencing. From the study and comparison of the conviction sentences of the court in this descriptive-analytical research, we have come to the conclusion that there has been no case in the court regarding the repetition of the crime so that it can be considered as an aggravating factor. Regarding the plurality of crime, even of different types, the procedure of the branches of the Court so far has been that the maximum final punishment applied for various crimes is only the severe punishment that the Court had considered for one of the crimes and in other words, the plurality of crime has not intensified the punishment in the court’s rulings, which can reduce the deterrent effect of the court’s role.

Background and scope:

 The banking system is the most common way to finance terrorism. According to the Convention of combatting of the Terrorism, and after joining it, every country has a duty to combat this crime, and the first step in this path of criminalization is to take legal, regulatory and operational measures. The purpose of this research is to explain the ways in which the banking system can be used to prevent the financing of terrorism.

It is applied in terms of purpose and descriptive and analytical in nature. The method of collection is also library-based and the tool for collecting information is the type of catch. The research data were analyzed in a qualitative manner.

The current banking system does not have the required performance in today's usual practices. This inefficiency is due to the weak banks 'supervision of customers, the weakness of the system of identification and the banks' efforts to attract deposits at any cost.

To combat the money laundering and financing of terrorism, overseeing the implementation of laws, regulations, and the writing of the Anti-Terrorism Financing executive guideline, further monitoring of the identity of high-risk clients is necessary in line with the actions of the Special Financial Action Task Force.

With the spread of terrorist operations in the aftermath of the 9/11 attacks, in the process of combating terrorist activities, for a variety of reasons, including the lack of control tools and the special status of terrorist forces relative to ordinary people, some governments have taken steps to prevent defendants They committed terrorist acts in some instances of human rights and humanitarian law, including the right to a fair trial.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The new practices have been heavily criticized by writers, lawyers and even non-governmental actors such as the Red Cross. These criticisms led to the drafting and ratification of important non-binding documents by the United Nations. These non-binding documents moved to interpret and reinforce existing rigid norms.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In analyzing the case law of national courts in the face of soft humanitarian law, two different assumptions can be made: In the first hypothesis, the pattern of behavior of national courts in the face of the soft law environment is also considered by other national courts in the territory of other countries and this behavior of national courts through repetition, in fact, provides a good basis for the formation of international customary norms and rules. In the second hypothesis, national courts resist the formation of new customary norms and rules. Simply put, they do not enforce the soft norms and rules proposed by other courts in the international law literature because they are non-binding and conflict with some of the existing strict principles and rules.