Document Type : Research Paper
Authors
1 Assistant Professor of Law, Kurdistan University, Sanandaj, Iran
2 Professor of International Law, Shahid Beheshti University, Tehran, Iran
3 Assistant Professor, Department of International Law, Shahid Beheshti University, Tehran, Iran
Abstract
Analogy as an applied matter does not have the same credibility in the logic and the different areas of the contemporary international law system. In international criminal law, like most domestic legal systems which interdict analogical reasoning in criminal law, according to art.22 (2) Rome Statute of the ICC:the definition of a crime shall be strictly construed and shall not be extended by analogy. Nevertheless, in the international community as evolving, Criminal rules are not always able to accommodate all the crimes that occur.Hence,the lack of comprehensiveness of law and the emergence of new issues,as well as the use of ambiguous terms such as "other inhuman acts" in most of international criminal documents, made it inevitable to use analogy in international criminal law,not only as a useful tool in identifying applicable rules, but also as a form of interpretation.However,the authors believe that the use of analogy in international criminal proceedings does not have the power to make new crimes and imposes punishment without resorting to a valid criminal code. In addition to expressing a normative framework for analogical reasoning in international criminal law,this article analyzes the role of analogy in the decision-making processes of the international criminal courts and Tribunals
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