جستجوی مقالات مرتبط با کلیدواژه "جرائم بین المللی" در نشریات گروه "علوم سیاسی"

Establishing peace and security and preventing international crimes in the world has been one of the great dreams of mankind, so many efforts have been made in pursuit of this thought. With the occurrence of terrible crimes during the Second World War, the idea of creating the International Criminal Court has been taken into consideration once again, and thus the International Criminal Court came into existence. But the question that arises is what role does the International Criminal Court play in preventing international crimes? which answers this question in a descriptive-analytical way that the establishment of the International Criminal Court as a permanent and universal court is an important step in the process of fighting impunity. The court tries to prevent international crimes by creating a link between international peace and security and criminal justice, which we will discuss in this article. The main finding is that although the ICC can contribute constructively to legal change towards accountability and change in international law, its prospects for direct and meaningful deterrence of future crimes are slim. As a result, the current method of relying on ICC as a crisis management tool will be illogical and unfair.

This article reviews the concept of transitional justice and its administration regarding the foreign fighters in the Syrian armed conflict in light of positive complementarity jurisdiction held by the International Criminal Court. Since the trial of violators of international humanitarian law in Syria is among the goals of transitional justice, by enabling the state to investigate and prosecute international crimes including genocide, crimes against humanity, and war crimes, the principle of complementarity jurisdiction allows the Syrian judicial system to try the criminals and violators of human rights and humanitarian law. This research drawn upon the descriptive-analytical research method. Based on the findings of the research, the Syrian government is able to fill the gaps found in its national criminal justice system for investigating and prosecuting foreign fighters for their crimes, relying upon the positive complementarity of the International Criminal Court. Among the capacities provided by the positive complementarity principle are penalizing international crimes, training the judicial system, prosecution of criminals, reforming and restructuring the police force and judges for documenting the crimes, and investigating the committed crimes. Hence, such a possibility exists for such states as Syria, which are not parties to the Court Statute.

A cyber attack is a criminal act that may cause loss of life or damage to computer systems. In Iranian criminal law, especially the law on computer crimes, the term “cyber attack” is not used. Therefore, in the current situation, cyber attack is inspected as cybercrime. The present study considered that the computer crimes law’s primary purpose is to protect citizens’ data and computer systems and is by nature a normal, national, and unorganized crime. Thus, the present study did not put the cyber attack on the agenda of cybercrime. This exclusion is because the purpose of criminalizing a cyber attack is to protect data and computer systems related to national security. Moreover, given that a cyber attack is often committed by one country against another, it is transnational and organizational, which harms a country’s security. Therefore, the present study descriptively-analytically considered the concept of cyber attack different from the concept of cybercrime in three aspects: nature, the purpose of criminology, and descriptions of the subject. Furthermore, theoretically and based on the principles of criminology (i.e. the principle of harm, public interest, necessity, the proportionality of crime, and punishment), cyber attack is independently criminalized. As a result, it is required to consider strategies, approaches, and international cooperation to, in addition to current cybercrime, independently criminalize cyber attacks and guarantee executions according to the type and severity of the attacks and the possible or inflicted damage.

Terrorism is one of the international crimes that as a not-so-emerging phenomenon has been able to disrupt international order and security by using the factor of fear and attacking the civilian population. This shows the need to deal with it. These include the drafting of the Rome Convention by governments to combat international crimes and gross violations of humanitarian law. Based on this, the question arises whether the International Criminal Court, within the framework of its statute, has the possibility of dealing with terrorist crimes? A look at the terrorist acts committed by terrorist groups can provide us with a list of examples of terrorist acts that can be applied to domestic crimes within the jurisdiction of the Court. Accordingly, although the crime of terrorism is not within the jurisdiction of the Court (Article 5) Compared to other crimes mentioned in this article, it can be prosecuted. However, in terms of territorial, temporal, personal and complementary jurisdiction, there are limitations for criminal proceedings by the International Criminal Court.

The international arms trade is considered a strategic and very important trade in the current world because having powerful weapons is always one of the goals of governments and armed and paramilitary groups. This issue itself has led to the emergence of profitable markets for buying and selling weapons. The issue of arms trade has an undeniable relationship with international peace and security, therefore its systematization has been the focus of governments since the 19th century. The 2013 Arms Trade Treaty is the most comprehensive document related to the arms trade, which aims to regulate the conventional arms trade and the role and responsibility of governments. Preventing governments that violate international rules and organized criminal and paramilitary groups from obtaining weapons significantly reduces their ability to commit international crimes and is considered a form of situational prevention of organized and terrorist crimes. This treaty, in order to control the arms trade, to prevent them from diverting to illegal markets and committing international crimes, has imposed obligations on the members, which include the obligation of governments to cooperate in the implementation of these obligations. The responsibility system also contains important rules related to the aid and assistance to governments that violate international law, which has considered the possibility of raising the issue of international responsibility for them.

While targeting human dignity and human security and fundamental human rights, the crimes threaten the security of the world and deprive right of human’s safety. Preventing crime is a very important national and international concern which should be addressed on this agenda by governments.  We are faced with new phenomena of crime in pursuit of globalization in the fields of economics, culture, politics and human rights, as well as criminal law and the emergence of some new crimes that have affected international peace and security. World crimes are divided into two categories. First is profiteering crimes and second is a violent crime (terrorist). In Iran, the importance of the prevention of crime is also predicted in fifth clause of principal 156 of the constitution and in the subset of the tasks of the judicial power but it is never took an operational form. In category of crime prevention, which is one of the important issues for governments in advance and somehow they have an extreme and great responsibilities in this area, government needs to general mobilization and coordination between all government institutions and administrative agencies. In international level, relevant assemblies especially United Nations with designing of five-year congresses to prevent crime and hold twelve congress from 1955 till now in addition providing opportunities for consultation of crime prevention specialists, it is also play the key role as policy-making institution. Therefore with a comparative look to this area, different countries in the field of crime prevention gained valuable experiences and achievements in implementing national crime prevention programs which are the appropriate patterns for implementation at the domestic level from point of view of many legal experts and pundits.

In the early decades of the 21th century, one of the important issue of international criminal justice is importing the international crimes into national justice system in order to make possible the national prosecution of international crimes. In fact, by experiencing unimaginable atrocity during the past century, protecting the peace, security and well-being of the world is a very valuable humanitarian goal. To achieve this goal, different measures have been taken like establishing ad hoc or permanent courts to put an end to impunity, to prosecute the international crimes and to punish the perpetrators of these crimes, but regarding the sovereignty right, the case is always that priority is given to each country to prosecute the international crime. Therefore, in the first level, countries themselves should prosecute these crimes. In this way, criminalizing international crimes in the internal criminal law is a necessary instrument for prosecuting such crimes in the national criminal law. Sometimes, this necessity is driven from a treaty or even international customary law, but it seems that the international criminal justice is the most important basis upon which importing the international crimes into national criminal law is justified. There are different models among which ratifying autonomous national criminal law provision is preferable, due to the fact that application of this model provides the clear definition of crimes and their punishments.