shahla moazami; piman namamian
Volume 3, Issue 11 , June 2015, , Pages 113-146
Abstract
Abstract Undoubtedly, the advent of third generation international criminal tribunals called mixed tribunals is one of the most interesting phenomena in modern international criminal law in last decade of past century and early 21th one. Internationally, one of mechanisms existing to prosecute ...
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Abstract Undoubtedly, the advent of third generation international criminal tribunals called mixed tribunals is one of the most interesting phenomena in modern international criminal law in last decade of past century and early 21th one. Internationally, one of mechanisms existing to prosecute and punish crimes is to establish different international tribunals. In addition, international community recognized the need for judiciary and legal system partnership of states where crimes were being committed in order to punish international crimes effectively therefore, it established mentioned tribunals to this end. Internationally, permanent as well as ad hoc criminal authorities are an appropriate option to be used by international community to combat international crimes. Thus, international criminal court is the only permanent and competent judiciary authority for considering international crimes, but presence of such limitations as necessity of bringing situations of international crime commission before U:N security council prevent this goal achievement. However ad, hoc tribunals, including merely international and/ or mixed ones with national authorities, can be created in order to prosecute and address this category of crimes. But such actions demand making decision by security council under chapter VII of united Nations charter.
