فهرست مطالب haleh hosseini akbarnejad

Documenting the commission of international crimes and the continuous violation of human rights by the Zionist regime in Gaza during the last few decades, which after the operation of October 7, 2023, is happening with greater intensity and speed, so that the intention to destroy the entire people of Gaza can also be confirmed from its continuation. It is a necessary action in the pursuit of the Zionist regime. This article is a type of developmental research that collects data using a combined (descriptive-analytical) method and using library and Internet documents. The methodology is the analysis of the content of international documents and reports on the documentation of crimes committed by the Israel. The people of Gaza have been the victims of continuous violations of human rights and international crimes for many years, and after 7 October, with the intensification of what is happening, the destruction of the entire people of Gaza is visible to the world. Analyzing why the Al-Aqsa storm operation and the nature of the crimes committed by the Israel after 7 October 7, will not be possible without examining and analyzing the dire situation of people's human rights in Gaza before this operation. Israel's recent attacks and commitments are consistent with the elements of the crime of genocide, and in this situation, it will be necessary to focus on the capacities of the contemporary international system to uphold the rights of the people of Gaza and combat the impunity of the crimes committed.

With the establishment and development of special economic zones, the appearance of international trade disputes has increased and focusing on the legal methods of resolving the mentioned disputes has been part of the strategy of the relevant governments. International commercial arbitration is a common and accepted way of resolving disputes in special economic zones. However, some governments have established international commercial courts in these regions in the last two decades due to practical needs. Some features of international commercial courts that are modeled on the rules and methods of international arbitration are: more flexibility in proceedings, the possibility of appointing judges of foreign nationality, allowing the presence of foreign lawyers in court, allowing the parties to agree on conducting private proceedings and expanding the ability to enforce judgments. Also, some gaps in international commercial arbitration, which have been adjusted to some extent in international commercial courts, are: the possibility of a third party entervention, increasing the speed of proceedings, and the independence and impartiality of the investigating authority. In practical terms, also we see a two-way interactive relationship between these two institutions; Because on the one hand, international commercial arbitration has played an important role in the establishment of international commercial courts both in Europe and in Asia, and on the other hand, international commercial courts also play an increasing role in arbitration proceedings and they provide judicial assistance for carrying out and developing the arbitration process or guaranteeing the implementation of arbitration decisions. According to the performance perspective of international commercial courts, their comparative study seems to be a necessary step in order to provide a favorable model that fits the requirements of each country.

The role of international non-governmental organizations has been promoted in the last half-century, and the scope of their activities has been expanded. Despite the fact that non-governmental organizations are recognized as the subsidiary subjects of international law and their establishment and formation are conducted by private persons and according to the domestic laws of countries, the important status of some of them in the international community has raised many legal issues. One of the issues that will be discussed in this article is whether the aforementioned organizations, similar to international organizations enjoy immunity based on having international legal personality, functionalism or structuralism? As the research hypothesis, it is suggested that for granting immunity to non-governmental organizations, we observe a selective practice of governments toward a few organizations, and the basis of immunity is also explained on a new approach consisting of functionalism and structuralism doctrines. Thus, mixed administration or financing, performing a mission related to the international public interests and official recognition through a multilateral treaty or frequent resolutions of an international governmental organization, are the indicators for granting immunity.

While the origin of Covid-19 is a controversial issue, there is no doubt that accountability for its outbreak requires incorporation of environmental aspects to international crimes. This paper aims to establish the relationship between the Covid-19 pandemic and international criminal justice by analyzing the content of international instruments and legal authorities. It will be argued that pandemics are related to violations of fundamental human rights and systematic poverty and that international criminal justice must address the underlying factors of the pandemic, although it presently lacks the ability to achieve this important goal. Regarding the impact of Covid-19 on the process of transitional justice for victims of international crimes and violations of human-rights and humanitarian law, it will be observed that the efforts of the relevant governments are somewhat shaky and the implementation process has been slow and constrained. In order to achieve criminal justice as regards Covid-19, the intervention of the International Criminal Court is worth considering, as the court's efforts to fulfill its mission of combating the impunity of international crimes are becoming increasingly conspicuous.

In the practice of international institutions, gender mainstreaming is the main strategy for promoting gender equality and the teachings of feminism as its theoretical underpinning. Given the practical experience of more than two decades, today its practical fruit in some areas has not been evaluated in favor of women. Due to the development of the concept of gender in the international arena, gender mainstreaming, beyond combating discrimination against women, seeks to identify and realize the rights of homosexuals, which has been criticized by many governments and experts. In addition, the indecisiveness of the definition of this term and also ignoring the identity of women and the real needs and necessities of their lives in the field of community and family while implementing it are among the serious criticisms of this strategy. The view of the gender mainstreaming is a society in which women and men have equal rights and opportunities in all individual, family and social affairs, unaware that in some matters related to women's temperaments and specific tendencies and tendencies that confirm the role of motherhood, women should be looked at differently. Lack of cultural-indigenous perspective, and only with an extreme individualistic approach, the current seeks to realize women's rights by denying the family and family plans such as motherhood and marriage, an achievement that is rejected and unpleasant by many women in different parts of the world.

Intentional starvation is a violation of human rights and a crime whose perpetrators have been enjoyed the impunity. Recently, however, the international community has taken steps to prevent and combat it, including in the Rome Statute. Although, its provisions have been criticized for lack of transparency about the elements of crime, especially the spiritual element, or for limiting its commission to international armed conflict and its conceptual development is essential. In view of these considerations, the present article seeks to examine and analyze how a gradual and while violating a human right such as the right to food by governments (with political, military and economic motives) leads to commitment an international crime as starvation. And what is the capacity of international law, including in the international criminal law system and the international human rights system, to prevent the occurrence of this crime and the strategies to combat the impunity of its perpetrators. The answer to this question is very important and vital in the effective guarantee of human rights standards, and over time, it can accelerate and facilitate the international prosecution of serious and gross human rights violations.

International criminal justice is one of the fundamental goals of international community that considered as the subject of deferent actions in national, regional and international levels. Although regional mechanisms were delayed to combat the impunity compared to international and national courts and this process is very slow in Asia and America. In fact, regional judicial implementation of international norms is relatively common in the fields of international human rights and there are attempts to create a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. But the importance and the necessity of these courts and their relationship to ICC are the new legal challenge. Generally, the case is admissible before the ICC if the State which has jurisdiction is unwilling or unable genuinely to carry out the investigation or prosecution. However, the important issue is: how do regional tribunals fit with the principle of complementarity in Rome Statute? The answer to this question requires the proper understanding of the legal relationship between states and regional tribunals and the contextualized application of the principles of treaty interpretation enshrined in the Vienna Convention.

Definitions and examples of the privacy based on different principles are disputed and the issue of women's privacy is even more complicated. In the West, women's privacy is influenced by liberal and feminist teachings. Accordingly, individualism in the family environment causes family ties to be based solely on personal interests and so privacy is linked to a materialistic view, and as a result, family roles such as motherhood have declined. While in Islamic principles, based on the needs of each other, the family and its interests are given priority and ethics becomes the main axis of the formation of relationships within the family. Therefore, women's privacy is defined in such a way that in spite of preserving her human dignity and freedom, it is not in conflict with the higher interests of the family. In recent decades, important issues such as the relationship between family roles and women's privacy or women's right to decide on family-related matters, including reproduction, have been very challenging in practice and opinion, which is explained and analyzed in this article.

The adoption of a Convention on Crimes against Humanity and preferably one that also updates the Genocide Convention would mark another milestone in the evolution of the international criminal justice system. In 2017 the International Law Commission (ILC) adopted 15 draft Articles and a draft Preamble. This essay examines the history of the ILC draft and analyses several of its major provisions in light of the existing corpus of international criminal law. An important question in this relation is the necessity and the innovations of the draft in spite of the ratification of the Rome Status. There are pros and cons in the comparative analyzing of the draft that examined in this article. However the Commission’s work could be enhanced and the new treaty made more robust by addressing certain deficiencies in the draft, many of which would either reinforce the jus cogens nature of the crime or enhance the preventive regime the draft seeks to bring into existence.