Document Type : Original Article
Authors
1
Ph.D Student of International of Law, Department of International Law, Faculty of Law, Theology and Political Science, Islamic Azad University Science and Research Brach, Tehran, Iran
2
Assistant Professor of International of Law, Department of International Law, Faculty of Law, Theology and Political Science, Islamic Azad University Science and Research Brach, Tehran, Iran
3
Professor of International of Law, Department of International Law, Faculty of Law Shahid Beheshti University, Tehran, Iran
10.30510/psi.2022.319626.2798
Abstract
The issue of referring the crimes of non-governmental groups to the International Criminal Court is a new and innovative issue and its dimensions have not been considered by the doctrine so far. In this article, with the aim of assessing the feasibility of referring the crimes of non-governmental groups to the International Criminal Court, relying on the crimes of the ISIL group, answer what is the jurisdiction of the court in referring the crimes of non-governmental groups to the International Criminal Court? In conclusion, it can be stated that ISIL's actions are based on existing international evidence, such as the Statute of the Court, as well as criminal law, a perfect example, and crimes against humanity and war crimes. According to the provisions of the Statute of the Court, it seems that this Court has a total of five methods of exercising jurisdiction over crimes: 1) Referral from the Security Council to the Court; 2) committing a violation in the relevant government domain; 3) acceptance of the jurisdiction of the Court by countries that are not members of the Court in the case of specific crimes; 4) Accepting the membership of new countries in the International Criminal Court; 5) The commission of a crime by the nationals of the Member States while they themselves are non-member States.
Keywords
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