The Binding Nature of the Decisions of the International Criminal Court
Journal: International Journal of Nations Research (Vol.8, No. 89)Publication Date: 2023.04.12
Authors : Bahman B. Khiyavi Zahra Nourmohammadi;
Page : 129-147
Keywords : International Criminal Court; Bindingness; The Rome Statute; The Natural Law Doctrine; Legal Positivism;
Abstract
The binding nature of the decisions of the International Criminal Court is one of the most important challenges that the court and the international community are facing. The purpose of the article is to analyze and examine the rules and binding nature of the court's decisions using the teachings of the schools of natural law and voluntary law. In the upcoming article, let's examine the schools of natural and voluntary law with a descriptive-analytical method and answer the question that according to these two legal schools, why are the decisions of the court binding on the governments, and what is the basis for the binding of the decisions of the court on the governments? The findings show that the school of natural law believes in rules that are permanent and beyond the will of humans and governments and must be implemented in any place and time. The Voluntary School of Law believes that the origin of international laws and rules originates from the will of the governments and arises with the consent of the governments. Therefore, according to the school of natural law, which considers crimes under the jurisdiction of the court to be contrary to natural rights, the decisions of the court are binding for all countries, and based on voluntary rights, the decisions of the court are binding on the contracting parties, in the form of the statute of the court and the United Nations charter.
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