نوع مقاله : مقاله تخصصی
عنوان مقاله English
نویسندگان English
The International Criminal Court (ICC), as the first permanent international court, has jurisdiction to prosecute international crimes, including the crime of aggression, crimes against humanity, war crimes, and genocide. However, the implementation of justice in this domain faces numerous legal, operational, and political challenges. Ambiguities in the definitions of certain crimes, jurisdictional limitations, conflicts between the Kampala amendments and the Rome Statute, reliance on state cooperation, and susceptibility to political considerations are among the obstacles that have impacted the effectiveness of the Court.This research employs a descriptive-analytical approach and critically analyzes the legal framework of the International Criminal Court based on an examination of legal sources and international documents. The findings indicate that conceptual and legal weaknesses, the influence of the Security Council, and the lack of independent enforcement mechanisms have posed challenges to the Court's ability to achieve criminal justice. Additionally, the protracted nature of judicial processes and the non-cooperation of certain states have resulted in serious difficulties for the Court in executing its judgments. Consequently, reforms to the Court's legal structure, a review of regulations concerning international crimes, and a reduction in the influence of political considerations are among the measures that could facilitate more effective implementation of international criminal justice.
کلیدواژهها English