فصلنامه پژوهش های حقوق تطبیقی عدل و انصاف
پیاپی 7 (زمستان 1398)

As a rule of thumb, a person who is exposed to harm as a result of another harmful behavior must take standard steps to avoid avoidable harm. But sometimes obstacles and factors cause the obligation to be removed from the obligee, in other words, they prevent the fulfillment and establishment of the duty on the injured party. In different legal systems, cases such as the inability to deal with the damage, fulfillment of the same obligation, determination of the obligation and conflict of implementation of the rule of compensation with the damaged religious teachings and orders, save him from dealing with the damage and the right to claim damages. Do not lose yourself either. Since the rule of damages and the obstacles to its implementation are not explicitly provided in Iranian law, their comparative study with US law can identify its strengths and weaknesses, and with the help of judicial and legislative practice in explaining the rule of damages.

The International Criminal Court, as a transnational authority for the implementation of the provisions of international criminal law, has a central position in moving towards criminal justice. At the same time, due to the lack of executive power of this court, the judicial activities of this authority have no guarantee of execution, and for this reason, the cooperation of governments with this court is vital, so that the success of this court depends entirely on how The international cooperation of governments and international institutions, including the Security Council, with this international body is something that in a number of cases conflicts with the political interests of these countries and institutions and is difficult and challenges. Creates for the court in execution.However, given that almost a decade has passed since the International Criminal Court, this article will try to examine the challenges and weaknesses facing the executive before this court.