The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute
Given the growing approval of peacekeeping operations by the UN Security Council and the possibility of war crimes and crimes against humanity by peacekeepers in the area under operation, it is imperative that these forces be criminally accountable for their actions during their mission. In fact, th...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Shahr-e- Danesh Research And Study Institute of Law
2023-05-01
|
| Series: | پژوهشهای حقوقی |
| Subjects: | |
| Online Access: | https://jlr.sdil.ac.ir/article_145225_a0ef2e46b22ecf04c27f383664adfe50.pdf |
| _version_ | 1797776412404350976 |
|---|---|
| author | Reza Ahadi Mahdi Hatami |
| author_facet | Reza Ahadi Mahdi Hatami |
| author_sort | Reza Ahadi |
| collection | DOAJ |
| description | Given the growing approval of peacekeeping operations by the UN Security Council and the possibility of war crimes and crimes against humanity by peacekeepers in the area under operation, it is imperative that these forces be criminally accountable for their actions during their mission. In fact, the importance of accountability of these forces for committing these crimes has attracted the attention of the media and the international press. Therefore, given the limitations of competence and the lack of a proper mechanism for prosecuting UN peacekeepers in the United Nations, the prosecution of these forces in the host government, the sender or the third government faces obstacles. In legal writings, the possibility of prosecuting peacekeepers in the International Criminal Court has been less considered. This article seeks to answer the question of whether such a prosecution is possible under international criminal law. The failure of governments to prosecute the criminal behavior of peacekeepers shows that an independent international tribunal is needed. If the conditions for committing a crime exist and the interested governments do not want or cannot prosecute the accused and the crimes committed, the peacekeepers can be prosecuted by the International Criminal Court for war crimes and crimes against humanity. |
| first_indexed | 2024-03-12T22:49:35Z |
| format | Article |
| id | doaj.art-edafe4a0724b4c22a1739778649a477f |
| institution | Directory Open Access Journal |
| issn | 1682-9220 2717-0020 |
| language | English |
| last_indexed | 2024-03-12T22:49:35Z |
| publishDate | 2023-05-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj.art-edafe4a0724b4c22a1739778649a477f2023-07-20T16:30:44ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202023-05-01225330533010.48300/jlr.2022.145225145225The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome StatuteReza Ahadi0Mahdi Hatami1M.A. in Criminal Law and Criminology, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.Associate Professor, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.Given the growing approval of peacekeeping operations by the UN Security Council and the possibility of war crimes and crimes against humanity by peacekeepers in the area under operation, it is imperative that these forces be criminally accountable for their actions during their mission. In fact, the importance of accountability of these forces for committing these crimes has attracted the attention of the media and the international press. Therefore, given the limitations of competence and the lack of a proper mechanism for prosecuting UN peacekeepers in the United Nations, the prosecution of these forces in the host government, the sender or the third government faces obstacles. In legal writings, the possibility of prosecuting peacekeepers in the International Criminal Court has been less considered. This article seeks to answer the question of whether such a prosecution is possible under international criminal law. The failure of governments to prosecute the criminal behavior of peacekeepers shows that an independent international tribunal is needed. If the conditions for committing a crime exist and the interested governments do not want or cannot prosecute the accused and the crimes committed, the peacekeepers can be prosecuted by the International Criminal Court for war crimes and crimes against humanity.https://jlr.sdil.ac.ir/article_145225_a0ef2e46b22ecf04c27f383664adfe50.pdfinternational criminal courtwar crimescrimes against humanitypeacekeeping forcesrome statute |
| spellingShingle | Reza Ahadi Mahdi Hatami The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute پژوهشهای حقوقی international criminal court war crimes crimes against humanity peacekeeping forces rome statute |
| title | The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute |
| title_full | The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute |
| title_fullStr | The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute |
| title_full_unstemmed | The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute |
| title_short | The Feasibility of Committing War Crimes and Against Humanity by Peacekeepers in The Framework of The Rome Statute |
| title_sort | feasibility of committing war crimes and against humanity by peacekeepers in the framework of the rome statute |
| topic | international criminal court war crimes crimes against humanity peacekeeping forces rome statute |
| url | https://jlr.sdil.ac.ir/article_145225_a0ef2e46b22ecf04c27f383664adfe50.pdf |
| work_keys_str_mv | AT rezaahadi thefeasibilityofcommittingwarcrimesandagainsthumanitybypeacekeepersintheframeworkoftheromestatute AT mahdihatami thefeasibilityofcommittingwarcrimesandagainsthumanitybypeacekeepersintheframeworkoftheromestatute AT rezaahadi feasibilityofcommittingwarcrimesandagainsthumanitybypeacekeepersintheframeworkoftheromestatute AT mahdihatami feasibilityofcommittingwarcrimesandagainsthumanitybypeacekeepersintheframeworkoftheromestatute |