جستجوی مقالات مرتبط با کلیدواژه « icc » در نشریات گروه « علوم انسانی »

Nanotechnology and weapons made in the framework of this technology, while having significant positive and negative consequences, criminals abuse it for anti-social and security purposes at the national and international levels. Therefore, this research has been carried out with the aim of expanding the jurisdiction of the International Criminal Court (ICC) and preventing security measures caused by weapons made with nanotechnology. This research aims to identify nanotechnology and its application in the manufacture of weapons and assess and evaluate the jurisdiction of the ICC. The findings of the research show that in addition to controlling the weapons made with nanotechnology and dealing with it with a law and security approach, the ICC can also expand its jurisdiction to prosecute the crime of using weapons made with technology by including crimes related to nanotechnology in the framework and definition of the crime of aggression. Nano should act. Since the crime related to weapons made with nanotechnology is not currently under the judicial jurisdiction of the Court, it seems that according to Article 5 of the Rome Statute, the crime of using weapons made with nanotechnology can be prosecuted as a crime of aggression and the proceedings of the ICC. . Therefore, the ICC, using the existing treaties and regulations, has the possibility to expand its jurisdiction regarding the crime caused by the use of weapons made with nanotechnology and place this crime within the framework of the current regulations

The ICC jurisdiction in pursuit of Omar Al-Bashir, deposed President, and cooperation necessity of new Sudanese state in this regard are preceded by a record issue in the Security Council Resolution. The Resolution on the new Sudanese state after Al-Bashir’s depose is still binding to surrender him to the ICC instead of being tried in domestic courts. The comparative feasibility study of this theory, considering the situation of Al-Bashir’s removal from power and the non-membership of the Sudan in the ICC is one of the aims and topics of this paper. The study method is descriptive-analytical and relies on requirements of the Resolution and the ICC Statute. The main question of the research is what the effect of the Resolution components and the Statute on obligation of the new Sudanese state to hand over the deposed president instead of domestic trials are.  The findings of research show that Omar Al-Bashir’s removal from power does not only affect the requirements of the Resolution and the provisions of the Statute, but it also facilitates the handing over and initiation of his trials in the ICC. Therefore, the new Sudanese state, as a successor continues to address the requirements of the Resolution and the Statute to hand over Al-Bashir to the ICC

The prosecution of war crimes in the ICC relies on the criteria provided in its statute. This situation is a manifestation of the fulfillment of the criminal sanctions in violation of the breach of the Four Geneva Conventions, which did not exist before. The situation in Afghanistan before the ICC is eligible due to the crimes committed by U.S. military forces and CIA personnel. However, the U.S. government is trying to obstruct and sabotage in various ways; so, that the ICC does not exercise its jurisdiction. it is important in this regard to examine the dimensions of the ICC’s jurisdiction in the situation of Afghanistan, including the nature of war crimes within the framework of the Rome Statute and the grounds of its preparation to the lack of legal barriers to the exercise of supplementary jurisdiction and the ineffectiveness of U.S. government sabotage. The research method in this article is descriptive-analytical to answer a question. What is the impact of the U.S. government’s actions and sabotages on the ICC’s jurisdiction in the situation of Afghanistan? The findings of the research show that the confirmation (approval) of some criminal behavior in the form of the government’s executive policy, the prosecution of some soldiers for some of the war crimes in domestic courts, or the sanctions of the prosecutor and judges of the International Criminal Court do not prevent the application of the jurisdiction of the International Criminal Court.

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 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.

In all legal systems, testimony is one of the most important reasons to prove. Witness one of the key actors in the criminal justice system who plays an effective role in proving the crime. The importance and role of witnesses in criminal proceedings in the field of reason goes back to one of the most widely used arguments in the judicial system, the hearing of witness statements, so that witnesses are seen as part of the criminal justice system through their participation in the criminal process. Witnesses who bear the brunt of martyrdom, especially in severe and organized crime, are subject to physical,, and psychological threats. Accordingly, due to distance, job loss, administrative problems, etc., the witness may refuse to appear in court and testify. On the other hand, witness statements have a prominent role in the discovery of crime and the punishment of criminals and the provision of justice. The above considerations of domestic legal systems and international conventions seek to incorporate measures of witness protection and encourage them to participate in the process of judicial justice in criminal law. One of the measures that can provide intuitive security and sharing is the use of in-person testimony. Especially in international crimes, which are mainly witnesses to their own victims and on the other hand, the difficulty of the physical presence of the witness in court, due to the distance and the lack of material facilities. Whereas prior to the legal literature there has been no discussion of witness testimony and the majority of writers have analyzed the testimony of witnesses under the terms of witness testimony to the extent that they author an independent research paper in this field. Has not been affected. In this respect, the present research is a new topic that needs further discussion. Untitled testimony is a general title that includes methods that the court credits to testimony taken outside the courtroom as a proof of guilt. The most important cases can be: written testimony, testimony, testimony through the internet and technology or non-public hearings, testimony without the presence of the defendant or his or her defense counsel. While it has benefits such as protecting witnesses, encouraging witnesses to testify, reducing court costs, etc., it may also conflict with the defendant's defense rights in some cases. Iran's criminal law has stated the legitimacy of some examples of non-formal testimony, but insists that non-personal testimony does not lead to a violation of the defense's right to be accused of equality of arms. Iran's Criminal Procedure Code stipulates that the prosecution is primarily concerned with the intent to dispose of the parties to the dispute, but the trial is primarily attended by witnesses unless its presence is proven. Although international documents and the Statute of the International Criminal Court have recognized some of the evidence of non-official testimony, in the case of Kenya's Vice President William Ruto, he referred to the intentional prosecution in connection with the violence that took place after the 2007 elections. He had presented a reason for refusing to testify in court. The prosecutor's efforts failed in this case and the court ultimately ruled that the pre-recorded testimony was rejected. After Ruto was released from trial and punished, the need to discuss extrajudicial testimony was further reinforced by the belief that how to ensure that witnesses are convicted of international crimes. Encouraged them to participate actively in the judicial process. Unlawful testimony Although some of its cases have been explicitly accepted in international court and international law, its legal validity as a reason remains in doubt. On the other hand, in defense of the rights of the accused, there are cases in Iranian criminal law and international documents and the Statute of the Court which contradict the acceptance of unnecessary testimony. Some, however, have proposed methods as alternatives to unnecessary testimony, such as the method of testifying in the presence of an impartial person or entity and the method of granting judicial power. The present study, using the analytical-descriptive research method and using the library method of non-existent testimony and its cases in Iran's criminal procedure and international documents and international judicial procedure has investigated. It also, Emphasizing on the case of William Ruto, the indictment materials and international documents, in particular the Statute of the International Criminal Court and the Rules of the Court, explains how and where the abusive testimony violates the defendant's rights, and what are some ways to use both the not in perosn testimony method to prove the crime and the rights of the accused.

The privilege against self-incrimination means that in criminal procedure an accused shall not put himself in position that its result is his conviction; he shall not be compelled to contribute actively in proceedings which will lead to his conviction; whether he was ordered by inspectors to declare facts or produce documents.
Self-incrimination often occurs within accused's speaking; the question is that, are the privilege against self-incrimination & right to silence the same or not? There are different ideas but it is defendable to say that; the privilege against self-incrimination has wider spread & in addition to acoustic communications, it covers other types of self-incrimination such as produce documents.
This right has been pointed in several international documents such as; “The Universal Declaration of Human Right” & “International Covenant on Civil & Political Rights” & “International Convention on the Elimination of All Forms of Racial Discrimination”.
Statutes & other regulations of international courts (i.e ICC, ICTY, ICTR) has the best standard of accused's defense rights. The privilege against self-incrimination & other aspects of this right (such as adverse inference) expressly has been anticipated in case law & all provisions of these courts.

For the first time in the history of international criminal proceedings, International Criminal Court, alongside the gradual expansion of conventional international criminal law, has taken a few steps further from previous trials in the case of Al Faqi AL Mahdi and issued a ruling about the historic heritage reparation. In this article, we critically examined the reparation order of the ICC in the case of Al Mahdi. In this landmark verdict, regardless of direct or indirect damages, the court identified the residents of Timbuktu in the first place and Malian people and the international community in the second step as victims of cultural heritage destruction. The court has considered limited criminal responsibility for Mr. Al Mahdi. He has been convicted of war crimes, and his undertakings must be fulfilled by him. He is obliged to compensate for the mental and economic losses and to restore the destroyed buildings. Due to the symbolic importance and prominent role of this verdict in the future of international criminal proceedings, this article aims at analyzing the historic achievements of the court with a critical approach.

Noticeable increments in international trade, necessitates introducing more and new instruments for Trade Finance. International Chamber of Commerce (ICC) and its banking commission as the largest private section organization and rule maker for international trade and banking, considered to regulate and introduce new rules in this respect. ICC aim is to promote peace through trade. Hence rule making is a way to coordinate and organize trade and business advancement. Preparing, approving and introducing the rules by the representative of more than 130 countries resolve such rules in unified text and language for all users around the globe. One of the latest products of ICC/ Banking commission is the “Uniform Rules for Forfeiting”. Forfeiting facilitates the provision for financing the business activities of international trade community. It has the ability to make instruments that evidence payment claims liquid. By making payment claims easier totransfer, forfeiting enables the exporters and importers to use it as more than just a means of obtaining payment for goods or services delivered: It can be used to provide finance. This critical role motivated ICC to involve itself in regulating this area .The result is the first standard set of rules for forfeiting transactions. URF deals only with the transfer of a payment claim without changing it. During the preparation of the URF, Iran banking committee and its members constantly studied numerous drafts and affected necessary comments. Then the rules could be used on Islamic banking as well. Iran monetary authority, Central Bank of Islamic Republic of Iran, issued several circulars for using this instrument as “Kharide Dein”. Then it seems there is no obstacle to use and benefit from the rules that ICC banking commission offered to the world.

International crimes such as genocide، crimes against humanity and etc. bring severe effects and disastrous consequences. Subsequently، these are also to the same degree reprehensible، and criminal reaction of states in the form of universal jurisdiction and also responses of the international community in the form of international court with severe punishments are done. Hence، to deal with the question that whether it is possible to exacerbate the punishment of such crimes again in case of the aggravating circumstances or not، we are faced with some uncertainty. Although in terms of philosophy of punish and imposing the penalty، existence of these circumstances for these crimes are imaginable، these circumstances as well as criteria and the resulted intensification of these crimes have received little attention in the context of customary international law and international criminal law. Statute of the Ad hoc international criminal tribunals such as Nuremberg، Former Yugoslavia and Rwanda have no stipulation about these circumstances; however، jurisprudence of two latter tribunals as well as procedure and evidence of ICC discussed this topic relatively but not comprehensively. But still، this question and its criteria and instances، certainly will be one of the most important concerns of ICC jurisprudence in the future. In the meantime، some recognizable of these aggravating circumstances include: extent of brutality and violence in the act committed by international criminals، the social status of criminals، mental state and behavior of criminals after the crime.

The interaction and interrelationship between the International Criminal Court and the Security Council of the United Nations have always been one of the contentious matters of the Court’s Statute. According to the Articles 12 and 13 of the Statute which was codified in 1998, the Security Council may refer a case to the Court to investigate into the crimes committed by natural persons; in this case the Court will be qualified to hear even though the relative state(s) is not a party to the Statute. Under the Article 16 of the Statute, the Security Council may request the Court to suspend, inquire or prosecute for a renewable period of 12 months. This is a clear-cut political intervention in judicial affairs. In 2010 Review Conference, the States Parties to the Statute reached an agreement unanimously on the definition of the Crime of Aggression and the circumstance under which the court may exercise jurisdiction over it. In spite of the opposition of some of the permanent members of the Security Council, the exercise of jurisdiction by the Court was not subjected to the approval of the Security Council; it indicates the determination of the States Parties to reinforce the authority and independence of the Court.

Despite the history of criminalization of forced pregnancy as sexual violence، certainly the implicit knowledge of forced pregnancy in public sphere and apart from other acts of sexual violence was first created after atrocities took place in Bosnia between 1992 and 1995 and in Rwanda in 1994. However، explicit criminalization of forced pregnancy as crime against humanity and war crime has been the first attempt of international criminal law that with the recognition of broad range of gender-based violations brought justice for victims of sexual violence in international and non-international armed conflicts. However، it seems that in comparison with Yugoslavia and Rwanda’s tribunal and their effects on United Nations Declarations، the style of expression and prevailing discourse on criminalization of forced pregnancy in Rome Statute is such that this hypothesis can be designed: ‘what is crucial in realization the elements of crime is not gender، but is support of other values of international laws، including national، racial and religious values. ’ Accordingly، this paper uses descriptive- analytical method to study criminalization of forced pregnancy in international criminal law، particularly in the Statute.

Beside the internal micro and macro offences، from the early days، human community has permanently faced international offences and crimes such as war crimes، genocide، and crimes against humanity. During the past years، extensive efforts have been made to fight against such crimes and criminals. In this article، it is assumed that individuals and groups that are in charge of these crimes should be broughtperpetrators to justice and punished based on their responsibilities. Because the international criminal law is still afflicted with some kinds of problems related to the lack of legality of penalties، in this study، some penalties that should be applied for such cases are investigated. It seems that the current system of international criminal penalties، does not match these crimes and it is necessary that the international community finds new remedies for this incompetence in order to establish justice and security in the world. For this purpose، the international community should either change current penalties or define theoretical basis and specific purposes for implemented penalties against international crimes

On numerous occasions over the past decades, the United Nations peacekeepers have been charged with various offences against the civilian populations they are commissioned to serve. To render criminal justice, exercising jurisdiction over the accused is a requirement. Agreements between States and the UN prescribe that the peacekeeping personnel shall exclusively be subject to jurisdiction of the home States. further, the contributing States shall retain exclusive jurisdiction over violation of International Humanitarian Law by peacekeeping forces. The present article examines the criminal jurisdiction of national courts and the obligation of home States to prosecute such offences, and it further attempts to discuss, inter alia, ICC role in this issue.

At the international level, like national level, there are certain criminal behaviours which may pervert the right course of justice. Many ad hoc international courts have, in the course of their activities, faced the problem of how to deal with these offences. They usually tried to justify their jurisdiction in triying these offences on the basis of the inherent jurisdiction they have in trying the core crimes, an approach which has been criticized by many lawyers. Based on such an experience, Articles 70 and 71 of the Statute of Intenational Criminal Court have been allocated to offences against the administration of justice, which will be discussed in this article. In the first part, a brief history of the subject is given. The seconf part is allocated to the study of the process leading to the aadoption of Articles 70 and 71 and to the segestions given by states in this respect. In the final sections, offences against the administarion of criminal justice, their trying and the corporation of the member states with the I.C.C in this regard has been discussed.

The new ICC uniform customs and practice for documentary credits (UCP Banking Commission's hard working efforts within three years) was approved by the commission in 2006, and came into force worldwide from July 1, 2007.Since the method of payment for goods and services under an international contract by LC plays an important role at present, it is crucial to know the effects of the new rules in shaping relationship between contracting parties in transaction of a letter of credit. In that respect, understanding the rules and its differences with the previous one (UCP 500) by banks and traders would lead to a better and more efficient relationship between parties.In this article it is tried to asses those distinctions (forms and substance) between two rules by a comparative study between them; Firstly, by pointing out rights and duties of parties under LC contract; Secondly, by increasing their knowledge about the rules preventing international legal disputes between them.For such purposes, after an introduction, in section one, those issues generally relevant to LC like definition, principles applied and rules and regulation related to LC are studied. In section two, changes of the new rules are considered in comparison with previous rules, and subjects that are needed to be revised in the next revision of the rules, are noticed. Finally, in the section of conclusion, relevant tables and references are put forwarded.