Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective
The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingnes...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_9412_e47753bd4c489e5ba8a00ec151c64d1e.pdf |
| _version_ | 1797369211162460160 |
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| author | Hossein Mirmohammad Sadeghi Ali Rahmati |
| author_facet | Hossein Mirmohammad Sadeghi Ali Rahmati |
| author_sort | Hossein Mirmohammad Sadeghi |
| collection | DOAJ |
| description | The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed. |
| first_indexed | 2024-03-08T17:43:20Z |
| format | Article |
| id | doaj.art-f1ae622146f647e8b66bed19044f9692 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:43:20Z |
| publishDate | 2019-02-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-f1ae622146f647e8b66bed19044f96922024-01-02T10:55:43ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242019-02-0172529932910.22054/jclr.2019.34981.17469412Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International PerspectiveHossein Mirmohammad Sadeghi0Ali Rahmati1Criminal Law & Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.Ph.D Student of Criminal Law and CriminologyThe key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed.https://jclr.atu.ac.ir/article_9412_e47753bd4c489e5ba8a00ec151c64d1e.pdfhybrid courtsreasons for establishinglegal bases of establishingunited nationsinternational criminal court |
| spellingShingle | Hossein Mirmohammad Sadeghi Ali Rahmati Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī hybrid courts reasons for establishing legal bases of establishing united nations international criminal court |
| title | Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective |
| title_full | Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective |
| title_fullStr | Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective |
| title_full_unstemmed | Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective |
| title_short | Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective |
| title_sort | reasons and legal bases of establishing hybrid internationalized criminal courts from the national and international perspective |
| topic | hybrid courts reasons for establishing legal bases of establishing united nations international criminal court |
| url | https://jclr.atu.ac.ir/article_9412_e47753bd4c489e5ba8a00ec151c64d1e.pdf |
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