The Legality of Courts Established by Armed Groups in the Context of NIAC with an Emphasis on the Stockholm District Court Judgment

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Ramezani Ghavam Abadi Mohammad Hossein; Montazeri Iman

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2021 | Volume:22 | Issue:69 Page(s): 33-64

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Information Journal Paper

Title

The Legality of Courts Established by Armed Groups in the Context of NIAC with an Emphasis on the Stockholm District Court Judgment

Author(s)

Ramezani Ghavam Abadi Mohammad Hossein | Montazeri Iman | Issue Writer Certificate

Keywords

Armed groups

Legal basis for the establishment of a court

Fair trial guarantees

Internal armed conflict

The Sakhanh Case

Abstract

One of the significant features of NIAC (non-international armed conflict) is the establishment of a court by Armed groups. Though states consider the establishment of a court as a sovereign privilege that belongs only to the states, Armed groups consider the establishment of a court as a means to maintain the law and order among its members and to create order and security in the area under their control. International community considers the establishment of a court by Armed groups as an alternative for summary execution. While it seems that humanitarian law that apply to internal conflict gives the permission to Armed groups to prosecute its own members and civilians, the legal basis for the establishment of the courts by Armed groups in these conflicts is ambiguous. Regardless of the vagueness of the legal basis for establishing a court by Armed groups in armed conflicts, the main criticism brought to these courts is that these courts do not have the ability to provide Fair trial guarantees in their trials. In this paper, we are examining the Legal basis for the establishment of a court by Armed groups, the Fair trial guarantees and the most recent judicial precedent in this regard.

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APA: Copy

Ramezani Ghavam Abadi, Mohammad Hossein, & Montazeri, Iman. (2021). The Legality of Courts Established by Armed Groups in the Context of NIAC with an Emphasis on the Stockholm District Court Judgment. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 22(69 ), 33-64. SID. https://sid.ir/paper/972922/en

Vancouver: Copy

Ramezani Ghavam Abadi Mohammad Hossein, Montazeri Iman. The Legality of Courts Established by Armed Groups in the Context of NIAC with an Emphasis on the Stockholm District Court Judgment. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2021;22(69 ):33-64. Available from: https://sid.ir/paper/972922/en

IEEE: Copy

Mohammad Hossein Ramezani Ghavam Abadi, and Iman Montazeri, “The Legality of Courts Established by Armed Groups in the Context of NIAC with an Emphasis on the Stockholm District Court Judgment,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 22, no. 69 , pp. 33–64, 2021, [Online]. Available: https://sid.ir/paper/972922/en

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