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specialty journal of politics and law
Volume 2, 2017, Issue 3
Status of the Principles of Criminal Law in the Statute of the International Criminal Court
Milad taherinezhad Ladari, Mehdi Esmaelii
Pages: 23-31

Abstract

The international criminal court needs to follow legal principles in order to reach its goals and perform its duties. These legal principles might be resulted from the international law and some of them might have been explicitly mentioned in different treaties and some of them might have turn into an international custom and might be observed internationally because they have been implemented by countries in their national laws as well as international ones. These principles might have been accepted in the national laws of the countries by being mentioned in international treaties or they might have been resulted from national criminal laws. The one of the basic and significant principles that the international criminal court requires in the beginning of its work is the principle that any court needs the Code of Criminal Procedure given the laws of its establishment. At the start of the matter and at the beginning of any kind of investigation and performance, the jurisdiction of the criminal, the jurisdiction associated with the crime scene and the jurisdiction associated with the crime must be taken into consideration. The range of jurisdiction of the international criminal court is, on one hand, international or global. On the other hand, given the territorial or material scope or what is called local jurisdiction or to put it more accurately, territorial jurisdiction in criminal law, it can be national and finally, from the aspect of attention and jurisdiction, this court is associated with specific individuals given their situations and personalities. This research aims to review the status of principles and rules of criminal law in the Statute of the International Criminal Law.





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specialty journal of politics and law
Issue 4, Volume 4, 2019