Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Evolution of The Criminalization of War Crimes in the Statutes of the Five International Criminal Courts

Document Type : Original Article

Authors
Hamed Ahmadnia 1
Zahra Ahmadnia 2
1 Assistant Professor, Department of Law, Faculty of Humanity, Sari Branch, Islamic Azad University, Sari, Iran.
2 MA, Department of Private Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2021.148188
Abstract
Despite the declaration of UN to protect the world from the scourge of war and its plight, war remained as always the history of the painful reality of human life in the second half of the 20th century, and unfortunately, the rule of sanctioning war, which is among the international rules, has failed to be implemented, and international law on war-preventive law has failed. This has led countries to do their best to develop legal rules governing wars. In this article, the statutes of five international criminal courts, part of the rules on the rights of armed conflict and the evolution of the criminalization of war crimes in the statutes of these courts have been comparatively studied and stated how the rules governing war are becoming more complete and precise every day. Currently, the statute of the international criminal court (ICC) is the most complete international document on the criminalization of war crimes committed by all.
Keywords
International Criminal Court
War crimes
Criminalization
Armed Conflict

  • Receive Date 15 December 2020
  • Revise Date 23 December 2020
  • Accept Date 20 January 2021
  • Publish Date 21 March 2021