Necessity and effect of criminalization of non-international armed conflicts in the Statute of the International Criminal Court

Subject Areas : Political and International Researches Quarterly

Mohsen Amari ¹ (PhD Student in Public International Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran)
Mehdi Hatami ² (Assistant Professor and member of the faculty of Law, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Kurdistan, Iran, Corresponding Author)
Mohammad javad jafari ³ (Assistant Professor and Member of the Faculty of Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran)

Received: 2021-04-07 Accepted : 2021-04-07 Published : 2021-05-22

Keywords: criminalization, International law, International Criminal Court, Armed Conflicts internal,

Abstract :

Mohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3]   Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal Court for the former Yugoslavia, subs­eq­u­­e­ntly, the Statute of the International Criminal Court in 1998 and the inclusion of the crimes committed in the scope of war crimes, Has led to a massive ch­a­n­ge towards the codifying of laws to these conflicts and developed. In general, the Statute of the Court exceeded the limits of the customary international law on war conflicts in significant and perceptible cases and imposes new obligations on States Parties.The article is divided into two parts; First, it examines the theoretical foundations of the law of armed conflict, and in the second part, it deals with the necessity and effect of criminalization of non-international armed conflict in the Statute of the International Criminal Court. [1].PhD Student in Public International Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran [2].Assistant Professor and member of the faculty of Law, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Kurdistan, Iran, Corresponding Author [3]. Assistant Professor and Member of the Faculty of Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran