The approach of the International Criminal Court regarding the criminal immunity of high-ranking government officials

Subject Areas :

javad Hoseymikhah ¹ , karam janipour ² , ghavam karimi ³

1 - PhD Student in Criminal Law, Yasouj Branch, Yasouj Azad University, Yasouj, Iran.
2 - Assistant Professor of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran, (Corresponding Author)
3 - Assistant Professor of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran,

Received: 2021-09-20 Accepted : 2021-12-06 Published : 2021-11-22

Keywords: immunity, Security Council, International Criminal Court, International Crimes, Senior Officials,

Abstract :

The immunity of high-ranking government officials from the domestic courts of other countries has led to various international procedures and approaches to immunity, responsibility, the formation of mixed criminal courts, and the use of UN Security Council capacities to establish criminal courts between Has created a special international. In parallel with the escalation of large-scale international crime, especially during World War II and the subsequent establishment of the Nuremberg and Tokyo tribunals, the principle of immunity of high-ranking government officials from international crime faced many challenges, culminating in Considered the formation of criminal courts related to the former Yugoslavia and Rwanda and finally the adoption of the Rome Statute to establish the International Criminal Court. Although the legal and judicial procedure of the Court indicates the non-acceptance of immunity arising from official position due to the commission of international crimes, but the descriptive-analytical study of this issue shows the existence of serious challenges and limitations before the Court in performing its legal duties. They can be attributed to the role of political considerations, incompatibility in rulings with acts committed, non-cooperation of member states in cooperating with the Court for various reasons, limitations on the jurisdiction and type and timing of acts committed, as well as restrictions on the relationship between the Court and The UN Security Council noted.