جستجوی مقالات مرتبط با کلیدواژه « مسئولیت فرماندهان » در نشریات گروه « فقه و حقوق »

Criminal responsibility in the international arena has many forms. Individual criminal responsibility, criminal responsibility in the light of joint (collective) criminal activity, and responsibility of commanders and superiors are three common forms of criminal responsibility. In fact, in this field; the general principle of individual criminal responsibility according to the nature of international crimes has been accompanied by exceptions that criminal responsibility resulting from joint criminal activity and criminal responsibility of commanders and high-ranking officials are two examples that are imposed in international criminal courts in order to impose criminal responsibility. They are cited as perpetrators of international crimes. The present study, which was written in a descriptive-analytical method with the aim of "examining the criminal responsibility of the perpetrators of the assassination of Sardar Soleimani based on the three forms of international criminal responsibility", comes to the conclusion that: the criminal responsibility of the perpetrators of a terrorist act leading to martyrdom General Soleimani and his companions, in the form of all three forms of criminal responsibility, i.e. 1- individual criminal responsibility, 2- criminal responsibility in the light of joint (collective) criminal activity, and 3- the responsibility of commanders and superior officials, and depending on the way of participation and interference or The lack of involvement of the perpetrator in the material operations determines the form of criminal responsibility

International Criminal Court, was established as a permanent international legal institution with especial jurisdiction to investigate and prosecute serious international crimes including genocide, crimes against humanity, war crimes and aggression, to prevent such crimes in the future. Despite the active role of the United States of America in the negotiations of the Rome Statute in 1998 and signing the Statute in 2000, it decided to suspend its signature of the Rome Statute on May 6, 2002 and informed the Secretary General of the United Nations that the US recognized no obligation towards the Rome Statute. This US position has been the basis of its internal and international measures regarding the Court. The US has criticized legal and political issues regarding the work and structure of the International Criminal Court.