The assessment of the rule of severity in the proceedings of the International Criminal Court

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Babai Alihasan; TOHIDI AHMAD REZA; GHAUMZADEH MAHMOUD

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2020 | Volume:12 | Issue:1 Page(s): 37-69

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Title

The assessment of the rule of severity in the proceedings of the International Criminal Court

Author(s)

Babai Alihasan | TOHIDI AHMAD REZA | GHAUMZADEH MAHMOUD | Issue Writer Certificate

Keywords

International Criminal LawQ1

International Criminal CourtQ2

SufficiencyQ1

AdmissibilityQ1

Abstract

Despite the seriousness of the nature of all crimes under the jurisdiction of the International Criminal (ICC), due to its limited capacity to deal with all of them. Adequate intensity, as the objective element, is the most important mechanism for selecting and prioritizing crimes and the condition of the court. At, the lack of definition of this criterion and its components in the Rome Statute has given rise to a different interpretation of it. The key question is, what is the criterion for assessing the severity of the acceptance of cases under the jurisdiction of the Court, and what threshold of severity is required? In response to this issue, the scope, the nature, impact, and manner of committing a crime and rank or the role of the perpetrator are components of the assessment of the rule of severity However, in the criteria of assessment, and the level of severity thresholds in the divine divine approach. "Acceptance of the situation" and "acceptance of the case" are not the same criteria, while according to the statute, two different assessments of the concept of an intensity are not acceptable In addition, there is disagreement over the threshold of severity. Although the Tribunal's function in recent years has shown a diminution of views, the concept, criterion and scope of this rule and the threshold for the selection of clear claims are unclear, and the legitimacy of the Court is challenged. This issue has been investigated by descriptive-analytical method.

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APA: Copy

Babai, Alihasan, TOHIDI, AHMAD REZA, & GHAUMZADEH, MAHMOUD. (2020). The assessment of the rule of severity in the proceedings of the International Criminal Court. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 12(1 ), 37-69. SID. https://sid.ir/paper/223491/en

Vancouver: Copy

Babai Alihasan, TOHIDI AHMAD REZA, GHAUMZADEH MAHMOUD. The assessment of the rule of severity in the proceedings of the International Criminal Court. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2020;12(1 ):37-69. Available from: https://sid.ir/paper/223491/en

IEEE: Copy

Alihasan Babai, AHMAD REZA TOHIDI, and MAHMOUD GHAUMZADEH, “The assessment of the rule of severity in the proceedings of the International Criminal Court,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 12, no. 1 , pp. 37–69, 2020, [Online]. Available: https://sid.ir/paper/223491/en

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