Unilateral Sanctions in the Procedure of International Criminal Courts With Emphasis on the Case of Venezuela 2

Authors

    Aliasghar Najafi PhD Student, Department Of Criminal Law And Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.
    Ershad Kaviyani Mobarakeh * Lecturer, Department of Law, Payam Noor University, Tehran, Iran. kavian@pnu.ac.ir
https://doi.org/10.61838/

Keywords:

Crime against humanity, legitimacy, genocide , International Criminal Court

Abstract

As long as the sanctioning country observes international standards and general legal principles, including the principle of humanity, proportionality and necessity, and uses this tool to deal with the violation of the target state, that behavior is legitimate. In other words, it should not have such a degree that prevents people from their life, fundamental and human rights. In the case of Venezuela 2, as the first case in the international criminal courts, with the presumption of crime and the illegitimacy of sanctions, the behavior is in a non-member country by people who are in the country with non-member citizenship, and the only result is the crime in the member country. . Therefore, with the narrow interpretation of the statute of the Court and the silence in this regard, the matter is outside the jurisdiction of the International Criminal Court. Unless persons other than the heads of the United States of America and with the citizenship of a member state are accused. Even though the Venezuelan government considers unilateral sanctions as a crime against humanity, it seems that the material element of the crime is violated, and according to the history of the constitution, the governments have not been willing to accept this behavior as a crime against humanity.

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Published

2023-06-18

Submitted

2023-03-09

Revised

2023-05-11

Accepted

2023-06-03

Issue

Section

مقالات

How to Cite

Unilateral Sanctions in the Procedure of International Criminal Courts With Emphasis on the Case of Venezuela 2. (2023). Comparative Studies in Jurisprudence, Law, and Politics, 5(1), 75-87. https://doi.org/10.61838/

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