Legal Bases For The Exercise Of Universal Jurisdiction In Terms Of War Crimes

Authors

  • Abu Fat-h Khaleghi Qom University
  • Mortaza fat-hi Qom University
  • Noor Al-Din Sharbu Qom University

Abstract

When considering war crimes committed abroad, national courts rely on the principle of universal jurisdiction. The importance of this principle stems from the fact that it represents a legal tool in the hands of the state that gives it jurisdiction to prosecute and punish international criminals, regardless of the existence of a traditional link between the state of the place of arrest of the accused and the crime committed. Thus, the ultimate goal of international criminal law is reached, that is, the impunity of criminals and the protection of the interests of the international community.

Granting internal courts universal jurisdiction over war crimes came as a result of multiple legal bases contained in international agreements and resolutions, which gives the national government the necessary legitimacy and makes it an argument against all. Therefore, studying those international provisions and decisions will lead to an accurate identification of the limits of the principle of war crimes. International jurisdiction and removes ambiguity from it, which contributes to the development of internal penal legislation.

 

 

 

 

 

 

Author Biographies

Abu Fat-h Khaleghi, Qom University

Professor, penal law and criminology department

Mortaza fat-hi, Qom University

Professor, penal law and criminology department

Noor Al-Din Sharbu, Qom University

postgraduate student, penal law and criminology department

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Published

2022-05-19

How to Cite

1.
خالقي أا, فتحي م, شربو نا. Legal Bases For The Exercise Of Universal Jurisdiction In Terms Of War Crimes. Tuj-econ [Internet]. 2022May19 [cited 2024Nov.25];44(2):183-209. Available from: https://journal.tishreen.edu.sy/index.php/econlaw/article/view/12451

Issue

Vol. 44 No. 2 (2022): Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

Section

Articles

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