Document Type : Research Paper
Authors
1 Student in International Law ., Department of Law, Najafabad branch, Islamic Azad University, Najafabad, Iran.
2 Prof., Department of Law, Najafabad branch, Islamic Azad University, Najafabad, Iran
3 Assistant Professor., Department of Law, Najafabad branch, Islamic Azad University, Najafabad, Iran
Abstract
Contemporary international law has accepted new legal principles or norms that do not accept disregard for human rights standards as grounds for immunity from punishment. But still the heads of states escape from criminal responsibility by resorting to the rules of immunity.the International Court of Justice announced that states' obligations to criminalize and exercise jurisdiction have a deterrent and preventive nature.The states that are parties to the treaty are committed to provide their own legal system to prosecute and try the perpetrators.These judicial opinions provided a platform for the International Law Commission to determine the path of this demand from a legal point of view by stripping immunity from these people.The current research based on the descriptive and analytical method and using library studies in the court procedure reaches this conclusion states have a common global interest in committing to exercise jurisdiction in cases of violations of mandatory rules. For this reason, the commission,by depriving Immunity Ratione Materiae in cases of committing crimes of Draft Article7, Committed the competent country to try foreign officials according to the laws and procedures of the state of the court and in accordance with the applicable rules of international law.
Keywords
- Immunity
- state officials
- international crimes
- International Court of Justice
- International Law Commission
Main Subjects
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