Prosecution to trial in the International Criminal Court and explanation of precursors to justice in the proceedings
Subject Areas : International Legal Research
ebrahim firoozian haji
1
(
Department of Economics, Central Tehran Branch, Islamic Azad University, Tehran, Iran
)
Karan Rouhani
2
(
Associate Professor, Faculty of Humanities, Ghaemshahr Branch, Islamic Azad University, Mazandaran, Iran
)
Keywords: criminal Justice, International Criminal Court, Fair trial, justice seeking, International Criminal Responsibility,
Abstract :
According to the researches on the elements and components of precursors of justice in international criminal proceedings, it can be claimed that today the use of these precursors has a high place in the documents and procedures of the International Criminal Court. It is used through various mechanisms at different stages of the proceedings, from the beginning of the investigation to the appeal and execution of the sentence. Restrictions and oversight of the prosecutor's office, the right of the accused to be present at the hearing, the influence of human rights considerations on trials, the observance of the guarantees of a fair trial, the widespread recognition of the right to appeal and many others are just some of the precursors to justice, which are observed within the framework of the International Criminal Court. However, some ambiguities, as well as the dual nature of international criminal proceedings which is rooted in both common law and civil law legal systems, have made it difficult to follow the precursors of justice. However, the establishment of objective elements, as well as a careful and thorough examination of the procedure of the International Criminal Court and Adhoc Triabunals, can provide more objective criteria to ensure a fair trial and ultimately justice.
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