Lack of universal jurisdiction in ICC

چکیده مقاله

 Introduction of Statute of International Criminal Court, like most international documents  observe justice and combat impunity of criminals at large. However, with the formation of the Court, impunity has increased. Four-sided slaughter of the Syrian people by domestic terrorism, Islamic and foreign governments, and two-way killing of Yemenis by internal government and allied Saudi are proofs of this claim. In addition, the absence of a competent international body to deal with tragedies like the massacre of innocent people in the Mena disaster in Saudi Arabia and the issue of asylum-seekers in Europe are causing innocent people to be deprived of their life rights and done many crimes against humanity, without identifying criminal perpetrators and punishing them. Regardless of whether consent of government is a permanent intruder of international law and first obstacle for Criminal Courts growth, it seems that additional qualification in Article 17 of the Statute of the International Criminal Court and absence of universal jurisdiction and universal jurisdiction for national courts, the main reason for the ineffectiveness of Criminal Court is the result of great criminals’ crime. Since the reform of Statute of International Criminal Court, contrary to the amendment of Articles 108 and 109 of Charter is relatively simple, so constitution amending and granting the initial jurisdiction for the ICC would be a step for fighting against impunity and loss

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