Volume 21, Issue 1 (2017)
CLR 2017, 21(1): 149-176 |
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momeni M. Evaluating the Actions of Iran and the International Criminal Court Jurisdiction to Crimes Committed by ISIS in Syria and Iraq. CLR 2017; 21 (1) :149-176
URL: http://clr.modares.ac.ir/article-20-10490-en.html
URL: http://clr.modares.ac.ir/article-20-10490-en.html
Assistant Professor , Department of Law payamnoor University
Abstract: (8414 Views)
Terrorism in severe forms, can include a variety of international crimes.
On the one hand, by the establishment of the International Criminal Court and on the other hand by the recognition of extraterritorial jurisdiction of national courts, International criminal justice system is seeking to provide criminal justice.
This article seeks to explore the possibility of exercising the jurisdiction of Iranian criminal courts and the International Criminal Court over crimes committed by ISIS in Syria and Iraq.
The main question is that, despite Syria and Iraq are not the members of ICC and the fact that crimes are committed outside of the territory of Iran, how and under which conditions can we accept the criminal jurisdiction of the national and international authorities?
With this hypothesis; In the case referred to the UN Security Council, escrow declaration by the two countries or jurisdiction exercised to nationals of States party, the ICC is able to exercise jurisdiction.
On the other hand in compliance with the requirements regarding the principles of real, personal and universal, criminal jurisdiction of Iran can be exercised.
On the one hand, by the establishment of the International Criminal Court and on the other hand by the recognition of extraterritorial jurisdiction of national courts, International criminal justice system is seeking to provide criminal justice.
This article seeks to explore the possibility of exercising the jurisdiction of Iranian criminal courts and the International Criminal Court over crimes committed by ISIS in Syria and Iraq.
The main question is that, despite Syria and Iraq are not the members of ICC and the fact that crimes are committed outside of the territory of Iran, how and under which conditions can we accept the criminal jurisdiction of the national and international authorities?
With this hypothesis; In the case referred to the UN Security Council, escrow declaration by the two countries or jurisdiction exercised to nationals of States party, the ICC is able to exercise jurisdiction.
On the other hand in compliance with the requirements regarding the principles of real, personal and universal, criminal jurisdiction of Iran can be exercised.
Received: 2016/08/14 | Accepted: 2017/02/19 | Published: 2017/05/22
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