THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN RELATION TO THE USAGE OF CHEMICAL WEAPON

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YEKRANGI MOHAMMAD

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2015 | Volume:5 | Issue:2 Page(s): 221-237

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Information Journal Paper

Title

THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN RELATION TO THE USAGE OF CHEMICAL WEAPON

Author(s)

YEKRANGI MOHAMMAD | Issue Writer Certificate

Keywords

CHEMICAL WEAPONQ1

POISONOUS WEAPONQ2

INTERNATIONAL CRIMINAL COURTQ2

JURISDICTIONQ2

ARMED CONFLICTQ2

Abstract

Using the CHEMICAL WEAPON has been recognized as an atrocious crime by customary international law for a long time. Regardless of diplomatic and military responses to the international crimes, nowadays, criminals can be prosecuted by the INTERNATIONAL CRIMINAL COURT. However, because there is no explicit statement in the statute of this court (Art.8) in relation to the criminalization of the CHEMICAL WEAPON usage, there is some vagueness in the JURISDICTION of the court in this respect. Some international scholars believe that based on (I) strict interpretation, and (II) deletion of this weapon from the draft of the ICC statute, the court has no JURISDICTION over CHEMICAL WEAPON. However, scrutinizing the problem, this paper combines special forms of interpretations in criminal law such as strict interference and, some kinds of interpretations in international law which mentioned in the Vienna convention on law of treaties 1969. Finally, it concludes that by recourse to teleological and literal interpretations, the court has the JURISDICTION to prosecute this crime.

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APA: Copy

YEKRANGI, MOHAMMAD. (2015). THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN RELATION TO THE USAGE OF CHEMICAL WEAPON. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 5(2), 221-237. SID. https://sid.ir/paper/246725/en

Vancouver: Copy

YEKRANGI MOHAMMAD. THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN RELATION TO THE USAGE OF CHEMICAL WEAPON. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2015;5(2):221-237. Available from: https://sid.ir/paper/246725/en

IEEE: Copy

MOHAMMAD YEKRANGI, “THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN RELATION TO THE USAGE OF CHEMICAL WEAPON,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 5, no. 2, pp. 221–237, 2015, [Online]. Available: https://sid.ir/paper/246725/en

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