DEFERRAL OF INVESTIGATION OR PROSECUTION IN THE INTERNATIONAL CRIMINAL COURT

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ABBASI SAJJAD; GOLDOUST JOUYBARI RAJAB

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Journal: AZAD LEGAL RESEARCHES Year:2014 | Volume:7 | Issue:23 Page(s): 107-129

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Information Journal Paper

Title

DEFERRAL OF INVESTIGATION OR PROSECUTION IN THE INTERNATIONAL CRIMINAL COURT

Author(s)

ABBASI SAJJAD | GOLDOUST JOUYBARI RAJAB | Issue Writer Certificate

Keywords

DEFERRALQ2

PROSECUTIONQ1

INTERNATIONAL CRIMINAL COURTQ2

SECURITY COUNCILQ2

Abstract

DEFERRAL of investigation or PROSECUTION is delaying of investigative or prospective measures exist in the internal laws of some countries for specific time. As the idea of the establishment of INTERNATIONAL CRIMINAL COURT has been presented, international law commission who was responsible for preparing the draft of the court proposed the draft of the suspension of the investigation or in the statute which the origin of this proposal (with some change) was accepted in Rome conference and to achieve this aim article 16 of the statute was approved. According to this article request of the suspension of the investigation or PROSECUTION is possible by SECURITY COUNCIL which they should do it according to seventh chapter of United Nations charter. In fact the purpose of the adoption of article 16 was that to give the authority to the SECURITY COUNCIL that from beginning or continuing of the special situations proceeding in a court because of peace or international security a prevention is legislated and in the suspension of the investigation or PROSECUTION for specific time including one year it should not be started any investigative or persuasive measure and any of the investigation or PROSECUTION has been processed should be stopped. But SECURITY COUNCIL can extent it again at the end of one year. Authority of deferment extension without limitation has been granted to the SECURITY COUNCIL which creates lots of criticism. The power to extent the unlimited suspension has been granted to the SECURITY COUNCIL and it has been the source of many critics at the first time, article 16 of the INTERNATIONAL CRIMINAL COURT statute has been implemented by 1422 resolution of the SECURITY COUNCIL which it extended by 1487 resolution.

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APA: Copy

ABBASI, SAJJAD, & GOLDOUST JOUYBARI, RAJAB. (2014). DEFERRAL OF INVESTIGATION OR PROSECUTION IN THE INTERNATIONAL CRIMINAL COURT. AZAD LEGAL RESEARCHES, 7(23), 107-129. SID. https://sid.ir/paper/219656/en

Vancouver: Copy

ABBASI SAJJAD, GOLDOUST JOUYBARI RAJAB. DEFERRAL OF INVESTIGATION OR PROSECUTION IN THE INTERNATIONAL CRIMINAL COURT. AZAD LEGAL RESEARCHES[Internet]. 2014;7(23):107-129. Available from: https://sid.ir/paper/219656/en

IEEE: Copy

SAJJAD ABBASI, and RAJAB GOLDOUST JOUYBARI, “DEFERRAL OF INVESTIGATION OR PROSECUTION IN THE INTERNATIONAL CRIMINAL COURT,” AZAD LEGAL RESEARCHES, vol. 7, no. 23, pp. 107–129, 2014, [Online]. Available: https://sid.ir/paper/219656/en

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