جستجوی مقالات مرتبط با کلیدواژه "internationally protected persons" در نشریات گروه "فقه و حقوق"

The Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response Of Islamic Republic Of Iran Government To This Incident. Contrary To What It Claims, The American Military Action In This Incident Does Not Comply With Preventive Or Preemptive Elements And The Conditions Of Legitimate Defense And Is An International Violation. The Feasibility Of Judicial Pursuit Of Criminal Liability And Civil Liability Resulting From This Illegal Act In The International Criminal Court And The International Court Of Justice Is The Subject Of This Article. Despite The Non-Membership Of Iran And The United States In The Statute Of The International Criminal Court, Iran Can, By Persuading The Iraqi Government To Accept The Court's Case Jurisdiction, Provide The Possibility Of Exercising The Court's Jurisdiction Over This Case, But Even In This Case, The Case Of The Assassination Of Lt. Gen. Soleimani Cannot Be Pursued Within The Framework Of One Of The Four Crimes Under The Court's Jurisdiction. The Most Effective Legal Mechanism Is Pursuing The Civil Responsibility Of The American Government For This Criminal Act According To The "Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Political Missionaries" (1973), Which The Governments Of Iran And The United States Are Members Of. And Also Preventing The Establishment Of A Mixed International Court, Especially Through The Conclusion Of An Agreement Or The General Assembly Of The United Nations Or The Organization Of Islamic Cooperation. This Convention Prohibits The Commission Of Certain Crimes, Including Murder, Against Persons Under International Protection. It Has Predicted A Dispute Resolution Mechanism That Will Eventually End Up In The International Court Of Justice.

The US military operation to assassinate General Soleimani, contrary to its claim, does not comply with the elements and conditions of self-defense and is an internationally wrongful act. The subject of this article is assessing the possibility of prosecution of criminal responsibility and civil responsibility arising from this wrongful act before the International Criminal Court and the International Court of Justice. Despite Iran and US are not parties to the Statute of International Criminal Court, Iran could create the possibility of exercising jurisdiction by the court over the case through inviting Iraq to accept the ad hoc jurisdiction of the court. But, even in these circumstances, the assassination of General Soleimani cannot be pursued within the framework of one of the four crimes under the jurisdictional of the Court. It is possible to pursue US civil responsibility for this wrongful act by resorting to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons 1973 (1973) to which the Iran and US are the parties. This Convention, which prohibits the commission of certain crimes, including murder, against internationally protected persons, has provided a dispute settlement mechanism that will eventually lead to the International Court of Justice.