نوع مقاله : علمی پژوهشی
1 دانشیار دانشگاه قم
2 دانشجوی دکتری حقوق کیفری دانشگاه قم
عنوان مقاله [English]
In the Statute of ICC, several criteria have been stipulated that the process of examination of any case requires their verification. These criteria establish limitations on the prosecutor and pre-trial chambers in order to fulfill ideals and purposes of establishment of ICC that is addressing the most serious international crimes. These criteria have been established based on reasonableness; there should exist a reasonable basis or ground so that suspected person be introduced before the prosecutor or be summoned to the pre-trial chamber. A legitimate expectation of ICC procedure reasonableness requires clarification of the challenging concept of the reasonableness. The objective of this study is to investigate these criteria in view of the concept of reasonableness, from initiation of the preliminary examination to confirmation of charges of the suspected person before the pre-trial chamber. This article concluded that if legal concepts contained in the Statute of the ICC are not clear, it probably leads to different interpretations and the issuance of contradictory verdicts which in turn challenges the credibility of ICC.
- Decisions and Instruments: