A Comparative Study of the Impunity of Criminals in the Iranian Penal System and the Statute of the International Criminal Court

Subject Areas : Political and International Researches Quarterly

ali  mansourlakoorak ¹ (PhD Student in Criminal Law and Criminology, Ayatollah Amoli Branch, Islamic Azad University, Amol, Maz-and‌a‌r‌a‌‌n, Iran)
Asghar  Abbasi ² (Assistant Professor of Criminal Law and Criminology, University, Chalous Branch, Islamic Azad University, Chalous, Mazandaran, Iran: Corresponding Author)
ali  ghorbani ³ (Assistant Professor of Criminal Law and Criminology, University, Chalous Branch, Islamic Azad University, Chalous, Mazandaran, Iran)

Received: 2021-08-04 Accepted : 2021-08-04 Published : 2021-08-23

Keywords: Legal Principles, impunity, international felonies, United Nation charter, international criminal tribunal,

Abstract :

This study maintains that meantime computes obstacles impunity in international crimes, analyze methods of comparison against impunity; with this forward-supposition that the impunity of great international felonies cannot be an acceptable phenomenon so we decided to study legal principles that impediment against these felonies punishment principles: sovereignty, localness if criminal law, nonintervention, immunity, the individualism of punishment and legality of crime and punishment; we pay due attention to the comparison with impunity cases from the Nuremberg charter to Rom charter and in this way analyze the relationship between the sovereignty of government and impunity and we pay attention to international criminal court and international criminal tribunal. Finally, we can say 1. There are some conflicts between Rom charter regulations, 2. Unfortunately, execution of criminal justice has been possible only in non-developed countries; meantime non-appropriate movement could be seen from the side of the Security Council. Leaning to the 7th chapter from the charter must be regarded from the side of permanent members of the Security Council.