seyd yaser ziaee
Abstract
The event of transnational crimes entailed to the reviewing of tradition bases of jurisdiction like territorial and personal jurisdictions. So universal jurisdiction as a legal base for prosecute of international crimes came to internal laws of States. discard with the source and nature of universal ...
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The event of transnational crimes entailed to the reviewing of tradition bases of jurisdiction like territorial and personal jurisdictions. So universal jurisdiction as a legal base for prosecute of international crimes came to internal laws of States. discard with the source and nature of universal jurisdiction, application of universal jurisdiction needs some conditions which can be induced from different sources of international law, like presence of the accused, legality of crime and punishment, dual criminality, awareness of law, Non Bis in Idem principle, et. While there is no doubt in respecting to some of these conditions, there are some challenges to some of them like mutual criminality and necessity of a personal prosecutor. Universal jurisdiction is in conformity with the principle of access to justice and can help to international public order provided respecting to necessary conditions by national courts. Key Words: universal jurisdiction, international criminal law, international law, international crimes, national tribunals.
Hossein Sharifi Tarzkohi; Sasan Modares Sabzevari
Abstract
Out of many heinous crimes done under Saddam Hussein, few had such
disturbing and long-lasting human effects as the use of chemical weapons (CW).
In order to serve the interests of justice, such serious crimes of international
concern should not go unpunished. Based on the treaty and customary laws
applicable ...
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Out of many heinous crimes done under Saddam Hussein, few had such
disturbing and long-lasting human effects as the use of chemical weapons (CW).
In order to serve the interests of justice, such serious crimes of international
concern should not go unpunished. Based on the treaty and customary laws
applicable in the 1980s, the use of chemical weapons was prohibited under
international law. Such prohibition in itself (without explicit criminalization)
could be a basis for criminal responsibility of the individuals involved. So, if
there were competent international tribunals existing to address such crimes, the
tribunals would have no problems in terms of legality. But currently, no
international tribunals exist with any link to the Iraq-Iran war in the 1980s. The
issue of enforcing international law by domestic courts is thus brought into
attention. The article concludes that Iranian courts should have jurisdiction over
such incidents. In order for the Iranian judicial forums to get involved in an
effective manner, it is suggested that legislation is necessary to get into some
coordination with international law.
