نوع مقاله : علمی پژوهشی
1 دانشیار دانشکده حقوق وعلوم سیاسی دانشگاه شیراز
2 دانشجوی دکتری حقوق جزاوجرم شناسی دانشکده حقوق وعلومسیاسی دانشگاه شیراز
عنوان مقاله [English]
On the account of territorial and extraterritorial jurisdiction and also engagement of persons in activities that cross from boundaries of states, it is possible that incidence of a criminal conduct in the territory of one state, with regard to its international elements, result in dispute between two or more states or even international courts in claiming jurisdiction over it according to different principles. However, in the international criminal law unlike private international law, because of protection of sovereignty of states, we cannot decisively answer to this question and there is no solution of conflict laws, but we can find out some cases that one court withdraws its sovereignty rights and proclaims that other courts are competent to persecute and investigate the cases, thus conflict of jurisdiction can be solved or would be prevented ab initio in such a conflict. Nevertheless, there are rules and solutions in the scope of international criminal law that can be used for solving conflicts or prevention of conflict of jurisdictions; solutions such as preferable jurisdiction, “aute dedere aute judicare” rule, extradition of criminals, non bis in idem, transferring of criminal proceeding and etc. have been discussed in this paper, beside the explanation of this solutions, we submit some proposal in order to resolving conflict of jurisdictions.