seyed Amreddin Hejazi; Mohammad Ali Solhchi
Abstract
The global justice and security of today's world challenges a variety of issues, such as terrorism, human rights and human rights violations, crimes against humanity, war crimes, violent repression of authoritarian governments, etc., all of which have a significant impact on global criminal justice and ...
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The global justice and security of today's world challenges a variety of issues, such as terrorism, human rights and human rights violations, crimes against humanity, war crimes, violent repression of authoritarian governments, etc., all of which have a significant impact on global criminal justice and security. They need to be restored, confronted and confronted. In the meantime, international bodies such as the United Nations Security Council, which on the one hand are subject to universal consensus and have their views and ratifications, and on the other hand have the power and capacity to deal with issues that violate international security and criminal justice, Consider a suitable solution. In this descriptive and analytical study, we found that the Security Council used tools such as the theory of responsibility and support, as well as the capacity to refer specific cases to the International Criminal Court, as well as the right to resort to military force and assign it to the United Nations. It is a consensus of the countries of the world, acting against the threatening manifestations of international criminal justice and security, all of which are palpable in the cases of Rwanda, Yugoslavia and the like.
Hossein Mirmohammad Sadeghi; Ali Rahmati
Abstract
The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness ...
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The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed.
