Document Type : scientific
Authors
1
Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.
2
PhD Graduate in Criminal Law and Criminology, Shiraz University, Shiraz, Iran.
3
Postdoctoral Researcher, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
Abstract
The establishment of justice is one of the most important objectives behind the founding of the International Criminal Court, just as the Statute of this Court and its related rules have been formulated to represent and administer justice within the international criminal system. Therefore, the central focus of the current research is to analyze the nature and challenges and limitations the Court faces in realizing this crucial goal. The main ambiguity is this: which response, in the face of severe international crimes such as genocide and war crimes on a large scale that plunge the world into injustice, can claim to be the emblem of the return, establishment, and realization of justice? The findings of the research indicate that the Court faces significant structural and response-related challenges in achieving this objective, including limitations in exercising jurisdiction, difficulties in referring situations to the Court, constraints regarding the specific instances of crimes under its jurisdiction, as well as challenges related to sentencing, reparations, restorative justice, and reconciliation. These difficulties and complexities have, in practice, rendered the establishment of justice relative, limited, and symbolic. For this reason, one must seek meta-justice; meaning that by amending the Statute and paying attention to peace-oriented mechanisms such as "apology" and "forgiveness," the shortcomings in the Court's dispensation of justice can be partially compensated for.
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