The International Criminal Court is the first permanent international criminal institution to prosecute and punish the perpetrators of the most serious international crimes. Due to its treaty-based nature, the ICC's function depends on the extent to which states cooperate with the Court. In order to encourage states to do so, the main obstacles to ratification, which arise from the differences between the Rome Statute and national legal systems, should be examined. Hence, the focus of this thesis is to specifically address the legal and political obstacles to the accession of the Islamic Republic of Iran to the Rome Statute and to suggest ways of resolving them. This thesis examines the relationship between the IRI and the ICC in such a way that their convergence can be encouraged. Since the jurisdictional foundations upon which the ICC is built stem from national legal systems, this research also examines the foundations in question in the light of Iranian law. The importance of this work has two main aspects. Firstly, the IRI is located in a region of the world in which there is a growing tendency towards the commission of crimes that fall within the ICC's jurisdiction. This research may help to remove some of the obstacles to the accession of the IRI to the ICC Statute and to pave the way to the IRI's accession. Secondly, while the ICC Statute relies on principles derived from human sources, the Constitution of the IRI reflects a theological system in which all aspects, including national law, are firmly directed by divine Islamic sources. The efforts made to encourage a compromise between the ICC Statute and the legal system of Iran, which are based on two different sources, is the unique characteristic of this study, which distinguishes it from any other prior works in the field.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:676485 |
| Date | January 2015 |
| Creators | Pezeshki, Ali |
| Publisher | Glasgow Caledonian University |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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