نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق بین الملل دانشکده حقوقِ دانشگاه قم، ایران، قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Simultaneously with passing the treaty establishing the International Criminal Court (Rome Statute) and the establishment of the principle of complementary jurisdiction of this Court, a global movement was launched to enact domestic law criminalizing international crimes. While meeting domestic concerns, these laws also was hampering the Court's complementary jurisdiction, as they were providing domestic courts with the necessary jurisdiction to deal with international crimes. In this article, focusing on domestic laws of three Muslim-majority states and answers the question of why domestic laws in this area were passed and what are the differences between the experiences of these states? In this regard, Using a descriptive-analytical approach, the present article evaluates the laws of Bosnia and Herzegovina, Tajikistan, and the former Afghanistan based on four criteria: the extent to which domestic law are influenced by the Rome Statute; the chronological precedence or delay in legislative time; the scope of crimes covered; and the range of punishments. Based on the findings of this article, due to the imitative and passive nature of the aforementioned laws, a model for enacting laws criminalizing international crimes can be designed and enacted, based on religious and national components; a model that, due to its due to its unique nature, can be emulated by other Muslim states or Islamic intergovernmental organizations under formats such as joint legislation or model legislation.
کلیدواژهها [English]
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