List of Articles International Criminal Court

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Mechanisms and Function of Transitional Justice: An Important Development in International Law
  مهدی  ذاکریان سيد‌رضي  عمادي
  The concept of justice has been always among the most important concepts in domestic and international systems and great efforts have been made to administer it in both areas, especially after the World War II. Nonetheless, in most cases, justice has not been administer More

  The concept of justice has been always among the most important concepts in domestic and international systems and great efforts have been made to administer it in both areas, especially after the World War II. Nonetheless, in most cases, justice has not been administered to leaders, especially in the Third World countries. The leaders and statesmen in these countries have never been held accountable for their inhuman acts which violate human rights as a result of their special position and by taking undue advantage of the concept of immunity. Since 2002, the Statute of the International Criminal Court has become binding for its Member States and this has been a major development in the administration of justice, especially with regard to political leaders with immunity and has paved the way for discussing the concept of transitional justice. The present article aims to expound the concept of transitional justice, its conditions, goals and mechanisms, as well as the impact of its enforcement on the restoration of peace and stability in transitional societies. The main argument of the article is that enforcement of transitional justice in transitional societies, especially by taking advantage of a combination of domestic and international courts, including the International Criminal Court, can pave the way for the restoration of calm and stability to transitional societies while sending a message to other totalitarian leaders who violate human rights. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - The United States of America and the International Criminal Court in Barack Obama Period: An Abstention or a Possibility
  رضا  موسی‌زاده Hadi Golriz
  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 More

  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. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - Challenges of the International Criminal Court to End Impunity; The Case of Daesh
  Sadegh  Salimi Ebrahim  Molaei Jam
  Following the centuries-old efforts of the international community, strongly influenced by the events of the twentieth century in violation of fundamental human rights, in 1998, during a meeting in Rome to punish violators of international criminal law principle of non- More

  Following the centuries-old efforts of the international community, strongly influenced by the events of the twentieth century in violation of fundamental human rights, in 1998, during a meeting in Rome to punish violators of international criminal law principle of non-impunity International Criminal Court was formed. The failure of the International Criminal Court for crimes of Daesh, despite the international community's principle and the goal of a peaceful coexistence, has been seriously challenged. Experts have raised that barriers to prosecute and punish perpetrators of international crimes, in accordance with the Statute of the International Criminal Court, are often classified in two groups of theoretical obstacles and obstacles caused by defects in the Articles of Association. But the international community in the twentieth century, century of international organizations, faced with significant improvements in the formulation of social relations through the adoption of numerous conventions in order to achieve criminal justice. The Convention against Corruption (Merida 2003) is in this category. But after developing the system of social relations guarantor of international institutions is still in the development stages. The results showed that another obstacle is eradicating impunity as special is political corruption in terms of deviant behavior by officials and their official duties. However, immunity from prosecution and punishment of leaders and members of Daesh, is attributed to the structural weakness of International Criminal Court. The fragility of the restoration of the structure before finally getting it to the League of Nations appears necessary. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  4 - Challenges of the International Criminal Court to End Impunity; The Case of Daesh
  Sadegh  Salimi Ebrahim  Molaei Jam
  Following the centuries-old efforts of the international community, strongly influenced by the events of the twentieth century in violation of fundamental human rights, in 1998, during a meeting in Rome to punish violators of international criminal law principle of non- More

  Following the centuries-old efforts of the international community, strongly influenced by the events of the twentieth century in violation of fundamental human rights, in 1998, during a meeting in Rome to punish violators of international criminal law principle of non-impunity International Criminal Court was formed. The failure of the International Criminal Court for crimes of Daesh, despite the international community's principle and the goal of a peaceful coexistence, has been seriously challenged. Experts have raised that barriers to prosecute and punish perpetrators of international crimes, in accordance with the Statute of the International Criminal Court, are often classified in two groups of theoretical obstacles and obstacles caused by defects in the Articles of Association. But the international community in the twentieth century, century of international organizations, faced with significant improvements in the formulation of social relations through the adoption of numerous conventions in order to achieve criminal justice. The Convention against Corruption (Merida 2003) is in this category. But after developing the system of social relations guarantor of international institutions is still in the development stages. The results showed that another obstacle is eradicating impunity as special is political corruption in terms of deviant behavior by officials and their official duties. However, immunity from prosecution and punishment of leaders and members of Daesh, is attributed to the structural weakness of International Criminal Court. The fragility of the restoration of the structure before finally getting it to the League of Nations appears necessary. Manuscript profile