جستجوی مقالات مرتبط با کلیدواژه « محاکم کیفری بین المللی » در نشریات گروه « علوم سیاسی »

This paper discussed the relation between Coercive Diplomacy and International law through International Institutions. After a brief review on the history and the mechanisms of Coercive Diplomacy and International Law, the means of Coercive Diplomacy in the after Second World War era is introduced. And the ways in which the Super Powers abuse the International Courts and Organizations to pressure other states is explained. International Organizations Functions inter alia, legitimating the Coercive Diplomacy is investigated. This legitimating and justifying role of International institutes is elicited by analyzing the UN Security Council decisions and International Atomic Energy Agency resolutions related to Iran Nuclear Crisis. Also Sanction as an alternative tool to Use of Force in the post-Cold War Coercive Diplomacy is perused and some examples of it are given. The conformity of the UN Security Council decisions to International Law is studied in the European Court of Human Rights (ECtHR) and European Court of Justice (ECJ) cases. The last part is dedicated to summarize the conditions of an efficient and successful Coercive Diplomacy.

One of the methods for analyzing the nature of governments’ commitments is to assess their commitments. Based on this method, all of the human rights will be consisted of three types of commitments for governments; commitment to respect, commitment to protect, and commitment to take action. On the other hand, in order to ensure that the human rights are being implemented in every situation, the International Humanitarian Law focuses on the responsibility and the rights of the parties involved in an armed conflict, neutral countries, and especially the civilians which are greatly consisted of women and children. The International Humanitarian Law is also one of the most effective tools for the international community in guaranteeing the safety and dignity of the human beings in time of armed conflicts. From another perspective, the criminal law plays a significant role on the enrichment and realization of human rights and fundamental freedoms, which could be used for protecting human rights and fair judicial measures or the individual and social security, especially in criminalization. Using an analytical-descriptive method, this article reviews the effects of international criminal laws and tribunals on human rights and International Humanitarian Laws.

The establish third generation courts is new issue in International Law. This kind of courts are neither like first generation of court ( Nuremburg and Tokyo Courts) Nor International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda but they were effected by first and second generation courts. Also, the third generation courts have international and internal lawyer and staffer. Both The United Nation and the country that it wants to hold this kind of court in their country should pay. Extraordinary Chambers of court of Cambodia is one of them that in lengthy decision addressed the criminal responsibility of the two remaining senior leaders (Noun Chea and Khieu Samphan) of Democratic Kampuchea regime. They were convicted of crimes against humanity, extermination and population movement between 1975 to 1979. Fear the advanced age of the accused meant there was a real possibility that they would not live to judgment, the Trial Chamber separate trials. IENG Sary`s death extinguished all Criminal and civil against him. Combadi`s government suggested this trial hold in internal court but the United Nation rejected.