نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
The necessity of establishing international justice is one of the most important guarantees of human rights. Considering the main mission of international criminal law in establishing peace and security, in addition to the universal jurisdiction as a principle in combating impunity, the principle of universal civil jurisdiction can be proposed as a principle in combating the immunity of victims of human rights violations.In applying the principle of universal jurisdiction, national courts act as international organs, and by applying these principles, the transcendent values of the international community and the duty of states to prosecute and to compensate victims, under customary international law, are preserved.In the context of the traditional concept of sovereignty, the application of the principle of universal civil jurisdiction can lead to jurisdictional conflicts and interference in the internal affairs of states. However, In light of the change in the concept of sovereignty as responsibility, the general duty of states to prosecute human rights violations and international crimes is supported through the doctrine of the responsibility to protect.This study, using a descriptive- analytical method, seeks to answer the question of "how the development of universal civil jurisdiction in promoting justice against international crimes is possible through strengthening the mechanisms of the responsibility to protect?" to examine the possibility of combining the sovereignty of states, state immunity, and the need to compensate victims of human rights violations in light of the recognition of the principle of universal civil jurisdiction, in parallel with universal criminal jurisdiction.
کلیدواژهها English