Document Type : Original Article
Authors
1 PhD student in Criminal Law and Criminology, Azad University, North Tehran Branch, Iran
2 Assistant Professor of Law and Faculty Member, North Tehran University, Tehran, Iran
Abstract
Background and Aim: The International Criminal Court is a permanent and independent international body which, according to Article 5 of the Statute, deals with four categories of crimes, namely genocide, crimes against humanity, war crimes, and crimes of rape, in the territory or by state citizens that may be exercised within the Court’s jurisdiction. Given the heinous crimes committed by ISIL members in the governments’ territory of Iraq and Syria, this apparently could be an issue to the Court’s jurisdiction.
Research Methodology: The proposed study is analytical-descriptive in terms of its application and has been conducted by using library-based resources of laws and regulations, in particular the Statute of the Court.
Results and Conclusion: The present article has investigated the possibility of applying judicial solutions to the International Criminal Court in investigating the crimes of the terrorist group ISIL as one of the most prominent Selfi -Takfiri groups and has concluded that based on the Court’ statute and due to the inability of the competent domestic courts, the International Criminal Court has jurisdiction over ISIL both in terms of universal jurisdiction and complementary jurisdiction.
Keywords
- International Criminal Court
- Crimes against humanity
- Genocide
- War crimes
- ISIL
- Substantive jurisdiction of the Court
- Formal jurisdiction of the Court
Main Subjects
OPEN ACCESS
©2024 The author(s). This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this license, visit: http://creativecommons.org/licenses/by/4.0/
PUBLISHER NOTE
Sami Publishing Company remains neutral concerning jurisdictional claims in published maps and institutional affiliations.
CURRENT PUBLISHER
- Aghaei Jannat Makan, Hossein and Qureshi, Seyed Mohammad Jafar. (2013). "International Criminal Legal Mechanisms for the Trial of Takfiri Terrorists in Syria", Journal of Foreign Policy, Volume 27, Number 4.
- Brennan, Anna Marie. (2015). “Prosecuting ISIL before the International Criminal Court: Challenges and Obstacles”, the American society of International Law, Volume: 19 Issue: 21.
- Famil Zavar Jalali, Amir and Bahmani Jalali, Ibrahim. (2016). Isis; Roots, beliefs, organizations, actions, financial resources "A different narrative of the most organized terrorist group in the world", Tehran, Khorsandi Publications.
- Firoozabadi, Seyed Hassan (2014). Get to know the takfiris of ISIL, Tehran, National Defense University Press.
- Hanjani, Seyed Ali and Shafiee Bafti, Negin. (2013). International Legal Dimensions of Non-International Armed Conflict, First Edition, Tehran, Mizan Publishing, National Committee for International Humanitarian Law.
- Henchaerts, Jean-Marie and Doswald-beck, Louise, (2005), Customary international Humanitarian law, Cambridge University Press, Vol.1.
- Katie Chaysari, Kriging Sack. (2003). International Criminal Law, translated by Hossein Aghaei Janat Makan, first edition, Tehran, Daneshvar Publishing.
- Lister Charles, (2017), Profiling the Islamic State, Brookings DOHA center analysis paper, No. 13.
- Mo'meni, Mahdi (2107). "Assessment of Iran's and the International Criminal Court's Exercise of Criminal Jurisdiction over ISIS Crimes in Syria and Iraq", Comparative Law Research, Volume 12, Number 2.
- Mumtaz, Jamshid and Shaygan, Farideh. (2014). International Humanitarian Law in the Face of the Challenges of the Armed Conflict of the Present Edition, First Edition, Tehran Shahr-e-Danesh Institute for Legal Studies and Research.
- Namamian, Peyman. (2015). "Evaluation of International Criminal Policy in Investigating ISIL Crimes", Volume 18, Number 1, Tehran, Quarterly Journal of Strategic Studies.
- Parsa Motlagh, Shahram. (2015). "Investigation of Crimes Against Humanity and War Crimes in the Operations of ISIL in Iraq and Syria", Tehran, Soroush Hekmat Mortazavi Center for Islamic Studies and Research, the first national conference on modern research in the field of humanities and social studies in Iran.
- Raisi, Leila. (2015). "Investigation of ISIL crimes from the perspective of international criminal law", Islamic Azad University, Khorasgan Branch, Isfahan. Available: https://www.civilica.com/paper-mahconf01-mahconf01_246.html
- Rezainejad, Iraj. (2017). "Jurisdiction of the International Criminal Court in the Crimes Committed by ISIL Members: (Critical Analysis of the Court's Report)", Quarterly Journal of International Police Studies, Year 7, No. 31.
- Saedi, Bahman. (2016). "Commitments of Governments in Criminalizing and Punishing Terrorist Groups with Emphasis on ISIL Actions", M.Sc. Thesis in International Law, Tehran, Tarbiat Modares University.
- Tahmasebi, Javad (2007). "Jurisdiction of the jurisdiction of the International Criminal Court", Legal Journal of the Office of International Legal Services, No. 37.
)