hosein gholami; mohammad rahmani
Abstract
Criminal policy, as part of public policy, enjoys significant feature due to the fact that governments have different characteristics and their identity is formulated by diverse concepts and their establishment follows different goals. The Islamic Republic of Iran as a political system based on ‘Republicanism’ ...
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Criminal policy, as part of public policy, enjoys significant feature due to the fact that governments have different characteristics and their identity is formulated by diverse concepts and their establishment follows different goals. The Islamic Republic of Iran as a political system based on ‘Republicanism’ and ‘Islamite’ enjoys its specific criminal policy according to the two given components. These two components can have specific consequences which distinguish the regime of Iran from the others. While it is true that adoption of republicanism and Islamite as two basic components for political regime can force the government to follow the principles of democracy including the rule of law, civil society, and respect for equality and freedom which change the face of criminal policy, the question remains that how adoption of Islamite stressing on the respect for necessities of religion can impact on the criminal policy. In this article, we attempt to elucidate the two components of republicanism and Islamite alongside the modeling the criminal policy of the Islamic Republic of Iran based on aforementioned components from the theoretical standpoint.
Hossein Gholami; omid Rostami Ghazani
Volume 2, Issue 4 , November 2013, , Pages 33-64
Abstract
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions ...
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Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions in relation to developments in contemporary legal thoughts such asrestorative justice. This essay seeks to explain the concept of restorativejustice and its context in the trials of international crimes. It also seeks toexplain the Statute of ICC from the view of its proceedings and decisions byinspiration of “purist model” and “maximalist model “approaches about therestorative justice. The aim is to find the characters defined for restorativejustice in ICC, and explain the contexts of the restorative justice.
