جستجوی مقالات مرتبط با کلیدواژه « حقوق بین الملل کیفری » در نشریات گروه « علوم سیاسی »

After the events that happened on 17 September 2022 in Moral Security Police building, protests started in Iran. These incidents started in the cities of Saqqez and Tehran and continued for several months in different cities of Iran and the world. After that, there were many reactions in Iran and other parts of the world. Following these protests, the United Nations Human Rights Council, by issuing Resolution A/HRC/S-35/L.1, established an "Independent International Fact-Finding Mission". The establishment of the fact-finding commission is one of the most important mechanisms of the Human Rights Council for protecting human rights through the investigation of violations in United Nation’s Member States when observing human rights in that country is worrying and the Council should confront with this situation and prevent from impunity. The research method of this article is analytical-descriptive and the method of collecting information is library method. The main question of this research is what will be the effects and legal consequences of the reports of this commission for Iran in the light of examining similar commissions’ activities? The hypothesis of the authors is that the universal jurisdiction of some mainly European courts to prosecute serious human rights violators may be activated.

Between 1998 to 2000, the autonomous province of Kosovo faced an armed conflict between the Kosovo liberation army and Serbian belligerents. Due to the issuance of the declaration of independence of Kosovo in 2008, an investigation took place regarding the behaviors of Kosovo liberation army members by the parliamentary assembly of the Council of Europe resulted in confirmed violent and humiliating behaviors by members of this group. In 2014, The European Union and the government of Kosovo reached an agreement on establishing a special tribunal regarding charges within the investigation report, and subsequently, the Kosovo specialist department & specialist prosecutor's office were established. From the perspective of historical evolution, International criminal tribunals divide into four generations, and the specialist branches of Kosovo is below international criminal tribunals. The importance of the position of global criminal justice in the process of international peace and security requires that this new and little-known court as an agent of global criminal justice be evaluated formally and substantively from the point of view of its structure, competences and judicial procedure, in order to strengthen its strengths and Let's consider the correction of weak points. What we obtained by studying relevant documents and practical precedent of the specialist branches of Kosovo are the failure to provide a precise definition of the crime of forced disappearance of persons and the slow activity of the specialist branches as weak points. At the same time, it should be mentioned the necessity of judges' skill in criminal law as a criterion for tenure and great accuracy and attention to related details in drafting the judgment as strengths.

On January 3, 2020, on the orders of US President Donald Trump, Sardar Soleimani's car was targeted by a drone near Baghdad airport. This violates a number of obligations, including the prohibition of the use of force, the prohibition of interference in the internal affairs of other countries, the right to life and diplomatic rights, and therefore, in addition to the international responsibility of the United States. This action, and on top of that, has followed Donald Trump. The non-membership of the Islamic Republic of Iran, Iraq and the United States in the International Criminal Court, on the one hand, and the United States' veto power in the UN Security Council, on the other, face a serious challenge in filing a lawsuit in the International Criminal Court. Special tribunal can be set up, and in this regard, it is necessary to take into account the experience of the international community in establishing the last special tribunal in 2013, which deals with the crimes of the president of a country (Chad) Has been, benefited. The present article aims to find a mechanism through which the feasibility of filing a lawsuit in the International Criminal Court and the establishment of a special court can be used to deal with the impunity of the crime in question.

International Criminal Law (ICL), in order to meet the multidimensional requirements of international community, plays different roles and has contributed to the consolidation and improvement of international legal order. This article, which is conducted through a descriptive-analytic method and by means of a library-based approach in collecting data, aims at reviewing the most significant roles and achievements of ICL in international legal order. Doing so, as the first role, it deals with adding and fixing the notion of international criminal justice to international legal order through the establishment of international criminal tribunals and specifically International Criminal Court (ICC) and the institution of individual criminal responsibility. Thereafter, systemizing and reinforcing the rules of international legal order through codification and progressive development of international law and revitalization of general principles of law as the fundamental but forgotten source of international law that implies the domination of natural rights school’s view regarding the sources of law is taken into account as the second role of ICL. Afterwards, the interesting subject of preservation of fundamental values and interests of international community as the mandate and raison d’être of ICL would be discussed. It appears that ICL is both a sign of evolutionary development and a factor in dynamism and sustainability of international law. Furthermore, it seems that emergence and development of ICL should be regarded as a sign in the gradual formation and relative consistency of international community and transition from international society.

One of the unpleasant results of war is the damage to and destruction of cultural heritage (CH) as the momento of human history. The question which is being answered in this research base on a descriptive-analytic method is that which approach in criminalization secures the further protection of CH in times of armed conflicts and which instrument of international criminal law is a better tool in criminalizing the offences against CH in this regard? The International Criminal Court Statute takes a retrograde attitude and civilian-use and instrumental value-based to offences against CH in times of armed conflicts, whereas the Second Protocol to the 1954 Hague Convention on the Protection of Cultural Property in Times of Armed Conflict in a far more innovative and progressive, has preferred the cultural and intrinsic value approach. It appears that the latter is more appropriate for protecting CH and, at present, the most effective tool for legal prosecution of war crimes against CH is the Second Protocol. Therefore, it is crucial to promote ratification by a large number of states and to encourage states to adopt implementing legislation that may allow domestic judges to prosecute the most serious crimes against CH on the basis of jurisdictional criteria provided for in Protocol II. Furthermore, it seems well applying the civilian-use approach to offences against CH in the framework of crimes against humanity.

The relationship between the United States and the International Criminal Court is a combination of confrontation and tension in various aspects, including legal considerations, political, national and security concerns and strategic interests. The existing tensions in relationship with the International Criminal Court have accentuated at some points and the United States has actively challenged the Court's existence. However, the challenges didn’t last for a long time, and at the end of George W. Bush’s presidency– recognizing the inherent values and potentialities of creating an International Criminal Court and the necessity to keep it– confrontations and tensions faded in favor of a constructive interaction. In the years which passed– especially during the administration of Barack Obama– the attitudes and the positions of the US towards the International Criminal Court have experienced a fundamental and comprehensive change and the United States is trying to compensate for the past measures, and to increase the interactions and cooperation with the International Criminal Court and to recognize its existence and capacity as an important international judicial institution in prosecuting the international violent crimes and to restart the relations with the International Criminal Court.

Conflict in territories of former Yugoslavia against the Muslims in Bosnia, as the biggest armed conflict in Europe after the World War II, resulted in establishment of an international tribunal by the UN Security Council. Creation of this tribunal and its performance since 1993 up to now has produced important implications for international criminal law. The practice and performance of this tribunal not only introduced new concepts and new definitions for concepts such as 'war crime's and 'crime against humanity' in international humanitarian law, but also paved the way for establishment of other ad hoc criminal courts and promotion of international criminal court. The present article aims to assess the consequences of creation of the International Tribunal for former Yugoslavia (ICY), its structure, functions and achievements, recent developments emanated from the updates of its statute, and the impacts of its practice on international criminal law and the function of International Criminal Court (ICC).

After captivity of the Israeli soldier, Gilad Shalit, by Palestinian forces and failure of subsequent negotiations as well as overt and covert efforts made to secure his release, Israel finally attacked the occupied territories, especially the Gaza Strip from land, air and sea on December 27, 2008. The attack continued for 22 days until January 18, 2009. The 22-day war had many negative consequences whose climax was violation of the environmental regulations of international law.Subsequently, chairman of the UN Human Rights Council established a committee in April 2009 to investigate various aspects of the 22-day war in Gaza and violations therein on behalf of the United Nations and gave it absolute powers to explore all dimensions of that event. The committee, headed by Judge Richard Goldstone, member of the South African constitutional court and former prosecutor of international criminal court investigating war crimes in Yugoslavia and Rwanda, was joined by three other prominent legal experts, and finally presented his report to the UN Human Rights Council in September 2009 in 21 chapters and about 600 pages.Information obtained from Goldstone’s report and from other creditable sources pointed to extensive destruction of the environment of Gaza during the 22-day war with the Zionist regime. The present paper just focuses on certain aspects of the 22-day Gaza war and argues that an “international environmental tribunal for criminal and legal protection of the environment against damages of the 22-day war in Gaza” should be established to protect the environment, as common heritage of humanity, and to pave the way for judicial investigation into frequent violations committed by the Zionist regime. This paper also discusses inability of the existing international judicial authorities to provide criminal and legal support for the environment. On the other hand, it explores the reason behind such extensive environmental violations.