The Islamic Republic of Iran and the ICC |
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Authors: | Abtahi Hirad |
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Institution: | * Diplôme détudes approfondies de Droit International, Robert Schuman University, Strasbourg; Legal Adviser, Presidency, International Criminal Court (ICC); formerly Associate Legal Officer for the Miloevi case, Trial Chamber III, International Criminal Tribunal for the Former Yugoslavia. The views expressed in this article are those of the author in his personal capacity and not necessarily those of the ICC or of the United Nations. The author wishes to express his gratitude to Safinaz Jadali for her assistance; hiradabtahi{at}yahoo.ca. |
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Abstract: | Like many states, Iran has an ambivalent position towards theStatute of the International Criminal Court (Statute),ranging from enthusiastic support to open scepticism. On accountof its experience in the IraqIran war, Iran is interestedin exploring the Court's jurisdiction over aggression and warcrimes; in addition, it sees the possible adoption of provisionson the crime of aggression as a tool against greater powersdomination. Major issues for Iran are, however, some of thepenalties provided for under Iranian criminal law, includingcapital punishment as well as whipping, stoning and the sectioningof limbs as well as the treatment of minorities and gender.Another problem may be the presence of non-Muslim Judges atthe Court, who, it is feared, may not be familiar with and sensitiveto Sharia principles; in addition, under theologicalprinciples, Muslims may not be judged by non-Muslim Judges.This question paradoxically constitutes an incentive for Iranto consider ratification of the Statute. So far, Iran has signedbut not ratified the Statute. Studies are under way with a viewto presenting the Statute to Parliament for ratification. However,problems of conflict between some provisions of the Statuteand the principles of Sharia law may arise if the Statuteis ratified. |
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