Feasibility study of the jurisdiction of the International Criminal Court against terrorism

Subject Areas : Terorism

Maryam valizadeh ¹ , yosef almasi ² , Farhad Zereshki ³

1 - گروه حقوق، واحد ملارد، دانشگاه آزاد اسلامی، ملارد، ایران.
2 - دانشجوی دکتری حقوق کیفری و جرم شناسی، واحد کرمانشاه، دانشگاه آزاد اسلامی، کرمانشاه، ایران.
3 - M.Sc., Public Law, Allameh Tabatabai University

Received: 2021-09-01 Accepted : 2021-09-18 Published : 2021-05-22

Keywords: terrorism, jurisdiction, International Criminal Court, International Crimes, countering impunity,

Abstract :

Terrorism is one of the international crimes that as a not-so-emerging phenomenon has been able to disrupt international order and security by using the factor of fear and attacking the civilian population. This shows the need to deal with it. These include the drafting of the Rome Convention by governments to combat international crimes and gross violations of humanitarian law. Based on this, the question arises whether the International Criminal Court, within the framework of its statute, has the possibility of dealing with terrorist crimes? A look at the terrorist acts committed by terrorist groups can provide us with a list of examples of terrorist acts that can be applied to domestic crimes within the jurisdiction of the Court. Accordingly, although the crime of terrorism is not within the jurisdiction of the Court (Article 5) Compared to other crimes mentioned in this article, it can be prosecuted. However, in terms of territorial, temporal, personal and complementary jurisdiction, there are limitations for criminal proceedings by the International Criminal Court.