Investigating the Challenges of Establishing Special Criminal Courts from the Perspective of International Documents

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shahryar manteghi fasaei Ali; hosseini khasheheyran somaye; ZIBAKALAM SADEGH

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Journal Paper

Paper Information

Journal: JOURNAL OF JURISPRUDENCE, LAW AND CRIMINAL SCIENCES Year:2020 | Volume:5 | Issue:17 Page(s): 59-69

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Information Journal Paper

Title

Investigating the Challenges of Establishing Special Criminal Courts from the Perspective of International Documents

Author(s)

shahryar manteghi fasaei Ali | hosseini khasheheyran somaye | ZIBAKALAM SADEGH | Issue Writer Certificate

Keywords

International Documents

Special Criminal Courts

Fair Trials

Equality of Persons

Abstract

International Standards Does not consider the formation of special courts unconditional. International instruments, both in respect of specialized courts that are welcomed and in respect of other specialized courts that are not prohibited from being established, set out the terms and conditions for their establishment. In such a way that without any of these conditions, that court would not be admissible under international instruments. These conditions, called the conditions for the establishment of special courts, can be derived from the provisions of the documents, the rulings and opinions of the courts and international and regional human rights commissions, and the reports of observers of inter-agency organizations. National and legal doctrine inferred. However, the clause made by the Human Rights Committee in its interpretation of the thirteenth number for the establishment of special courts (the obligation to observe a fair trial) is so comprehensive that it can be said that all other conditions and elements, It is a subset of this condition, and by examining the requirements of a fair trial explicitly stated in international instruments, all of those conditions can be applied to specialized courts as well. However, in international and human rights instruments, cases can be found that sporadically mention conditions that, by summarizing them and the principles of a fair trial, can be approached and the terms of the documents Received International Law on Establishment of Special Courts.

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APA: Copy

shahryar manteghi fasaei, Ali, hosseini khasheheyran, somaye, & ZIBAKALAM, SADEGH. (2020). Investigating the Challenges of Establishing Special Criminal Courts from the Perspective of International Documents. JOURNAL OF JURISPRUDENCE, LAW AND CRIMINAL SCIENCES, 5(17 ), 59-69. SID. https://sid.ir/paper/398222/en

Vancouver: Copy

shahryar manteghi fasaei Ali, hosseini khasheheyran somaye, ZIBAKALAM SADEGH. Investigating the Challenges of Establishing Special Criminal Courts from the Perspective of International Documents. JOURNAL OF JURISPRUDENCE, LAW AND CRIMINAL SCIENCES[Internet]. 2020;5(17 ):59-69. Available from: https://sid.ir/paper/398222/en

IEEE: Copy

Ali shahryar manteghi fasaei, somaye hosseini khasheheyran, and SADEGH ZIBAKALAM, “Investigating the Challenges of Establishing Special Criminal Courts from the Perspective of International Documents,” JOURNAL OF JURISPRUDENCE, LAW AND CRIMINAL SCIENCES, vol. 5, no. 17 , pp. 59–69, 2020, [Online]. Available: https://sid.ir/paper/398222/en

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