مطالب مرتبط با کلیدواژه

UN Security Council


۱.

Challenges of the ICC’s Ruling on Jurisdiction Based on the Mechanism of Article 19(3) of the Statute in The Myanmar Situation and its Justification in its Jurisprudence

نویسنده:
منبع: راهبرد سیاسی سال چهارم زمستان ۱۳۹۹ شماره ۱۵ 1 - 13

کلیدواژه‌ها: International Criminal Court Ruling on Jurisdiction UN Security Council Republic of the Union of Myanmar Prosecutor

حوزه‌های تخصصی:
تعداد بازدید : ۲۱۹ تعداد دانلود : ۱۶۵
 The function of the ICC prosecutor based on the mechanism of article 19(3) of the statute to the ICC’s ruling on jurisdiction in the Myanmar situation is one of the unprecedented ICC jurisprudence. Achieving its goals requires overcoming the possible challenges and justifying them in the ICC jurisprudence. A critical study of the dimensions and samples of these challenges is one of the objectives and topics of this paper, which is considered in an analytical descriptive method and based on the provisions of the statute and ICC jurisprudence. The main question is what are the challenges due to the ruling on jurisdiction in the Myanmar situation and its justification on the ICC jurisprudence? The research findings show that the ruling on jurisdiction in the Myanmar situation upon preconditions necessities, distinct from admissibility, non-support of Myanmar membership in the ICC or UN Security Council’s referrals.
۲.

Iran's Response to U.S. Non-Compliance with International Court of Justice Decisions

نویسنده:
منبع: World Sociopolitical Studies, Volume ۷, Issue ۳, summer ۲۰۲۳ 503 - 545

کلیدواژه‌ها: Countermeasures International Court of Justice Compliance Realism Treaty of Amity 1955 UN Security Council

حوزه‌های تخصصی:
تعداد بازدید : ۷۴ تعداد دانلود : ۶۹
After establishing its jurisdiction in the case of the violation of the 1955 Treaty of Amity between Iran and the United States (hereafter U.S.) on February 3, 2021, the International Court of Justice (hereafter ICJ) took a stride towards the Merits stage. In the event of a final judgment and the failure of the U.S. government to comply, the primary question that was raised was the following: What are Iran's options if the U.S. does not act upon the final decision of the ICJ? This article endeavors to address this question. The research methodology employed in this article is descriptive-analytical; through document analysis of the Court's decisions, international treaties, and relevant books and articles, specific findings have been derived. The research results indicate that Iran's options can be within the framework of the United Nations (hereafter UN) or beyond it. Options within the UN framework are predominantly theoretical, lacking effective enforcement mechanisms due to the existing power structures, including the veto power in the Security Council (hereafter UNSC), thereby lacking a guarantee of proper implementation. These options tend to be idealistic. On the other hand, options outside the UN framework, such as bargaining power and countermeasures for Iran, carry a realist aspect, allowing Iran to leverage them for the assertion of its rights.