Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The legislative aspect of customary international law in the international criminal court's judicial procedure )A case study of Koshib's case in the Darfur situation(

Document Type : research

Authors
Seyed Mehran Mohammadi 1
Mohammad Ali Kafaeifar 2
Ali Mashhadi 3
1 Phd Student of Public international law, Department of law, Qom Branch, Islamic Azad University, Qom, Iran
2 Assistant Professor, Department of law, Qom Branch, Islamic Azad University, Qom, Iran (Corresponding Author).
3 Associate Professor , Department of Law and Political Science, University of Qom, Qom, Iran
10.22034/ejs.2023.407979.1489
Abstract
Background and Aim: In order to examine the position of international custom in the judicial procedure, this research has selected one of the cases of the court which has distinctive features and discussed about it. For this reason, this article is devoted to the investigation of the accusations attributed by the prosecutor to one of the commanders of the militia forces in the case of Darfur, Sudan.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: The Statute of the International Criminal Court with Article 21 entered the field of international criminal law and limited the authority of judges, which is one of the results of establishing this point of view is not paying attention to customary international law, at least in theory.
Conclusion: Abd-Al-Rahman's case can be considered as an indicator due to its adherence to the principle of absolute legality and the lack of considerations related to the morally reprehensible nature of the behavior in question. It seems important to pay close attention to the accessibility and predictability of customary norms in order to avoid a return to doctrines of substantive justice that are completely incompatible with contemporary شunderstandings of the principle of legality.
Keywords
Principle of legality
International Criminal Court
Customary International Law
Ali Koshib
Subjects
Strategic Studies of Jurisprudence and Law
Volume 5, special issue - Serial Number 5
Studies of economic jurisprudence
Summer 2023
Pages 81-96