دکترای حقوق بینالملل و وکیل پایه یک دادگستری
عنوان مقاله [English]
From the perspective of the effects of adhesion of Iran to the Statute of the International Criminal Court (ICC), coordinating the domestic laws with the crimes subject to the Statute of the ICC is of paramount importance. As to the war crimes, considering the fact that Iran has not yet adhered to the two annexed protocols to the Geneva Conventions, adherence to the Statute of the ICC requires, regardless of the current liability of Iran in terms of international obligations, a practical acceptance of the obligations of the protocols. As to the crime of genocide and its manifestations, considering the adherence of Iran to the Convention against Genocide, there seems no problem for the country to adhere to the Statute. With regard to the crime against humanity, there exist two options both of which entail problems: choosing the option of "compliance with the regulations of the Statute of the ICC" is in accordance with the objectives of the ICC but not expedient for Iran. The second option "consideration of domestic criteria in the Islamic Penal Code", though may be troubleshooter, but by choosing this option, the general historical problem in the implementation of domestic punishments in the matter of torture would continue to remain.