The Concept of State in Exercising the Jurisdiction of the International Criminal Court

Document Type : Original Article

Authors

1 member of faculty of law, Payame Noor university, Tehran, Iran

2 Department of criminal law and criminology, faculty of law, Payame Noor university, Tehran, Iran

10.22091/ijicl.2024.10542.1094

Abstract

The International Criminal Court has made it possible for all of the states to attain the eminent ideal of international criminal justice without some formal conditions. Since only the states can become as the members of the Court, the main question is whether is being a state necessary for the Court in order to exercise its jurisdiction based on all the provisions laid down in public international law or not? The hypothesis is that the main criterion of the Court is to pay attention to its aims and the existence of the condition for exercising the territorial jurisdiction of the member state, even without determination of its borders. The research method of this paper is descriptive-analytical and according to the doctrine, international documents and general legal principles, and also based on two viewpoints on public international law and international criminal law, it will try to criticize and analyze the decision of the Preliminary Chamber I in the case of Palestine. The findings of this research show that the Court finds itself free from the dogmatic criteria of public international law as to the concept of state in exercising jurisdiction.

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