Deprivation of Liberty under Article 7 of the Rome Statute of theInternational Criminal Court within the Context of Widespread or Systematic Crimes against Humanity

Document Type : Research Paper

Authors

1 PhD student, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

2 Assistant Professor, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

Abstract

abstract
One of the basic freedoms and fundamental rights of mankind is the right to physical freedom. The way that international human rights documents have insisted on recognizing and emphasizing respect and non-aggression. The present article is applied and its method is a library and its purpose is to examine the constituent elements of imprisonment or other severe deprivations of physical freedom in Article 7 of the Statute of the International Criminal Court. The main research question is the organized and extensive deprivation of freedom of citizens within the framework of Article 7 of the Statute. What examples does the International Criminal Court include?
As a result of these documents, in addition to recognizing and emphasizing the right to physical freedom of individuals and the prohibition of arbitrary arrest, in order to guarantee as much as possible this right and basic freedom, to determine guarantees such as the right to be informed of the reasons for the arrest, the right to be immediately present before a judicial authority. and have

Keywords

References

Aghaei Janat-Makan, H. (2017). Trial of Power: Criminal Responsibility of Superiors and Their Subordinates in International Criminal Law. Tehran: Ganj-e Danesh Publications. [In Persian].
Arsanjani, M. (2019). The Rome Statute of the International Criminal Court. In Collected Essays on the International Criminal Court and the Islamic Republic of Iran. Tehran: Ministry of Foreign Affairs Printing and Publications Center. [In Persian].
Cassese, A. (2018). International Criminal Law (A. Amir-Arjomand, H. Piran, & Z. Mousavi, Trans.). Tehran: Jangal Publications. [In Persian].
Cotter, Michael and J. Fenrick, William and Viseur sellers, patricia and Zimmermann, war crimes, in triffterer (ed), Otto, Commentary on the Rome statue of the International criminal court, observers Notes, Article by Article, Austria, Baden – Bsden, 2019.
Deihim, A. (2018). An Introduction to International Criminal Law in Light of the Rome Statute of the International Criminal Court (2nd ed.). Tehran: Ministry of Foreign Affairs Printing and Publications Institute. [In Persian].
Dormann, k. & Doswald-Beck, L. & Kolb, R. Element of war crimes under the Rome statute of the international criminal cour: sources and commentary, Cambridge university Press, first published. 2018.
Fallahian, H. (2020). Consequences of Iran's Accession to the International Criminal Court Following the Crimes Enumerated in the Rome Statute. Legal Research Journal, (35). [In Persian].
Ghallameh, G. H. (2019). Crimes Against Humanity in International Criminal Law (2nd ed.). Tehran: Mizan Publications. [In Persian].
Kaminga, M. (2016). Exercising Universal Jurisdiction over Serious Human Rights Crimes (M. J. Shariat-Baqeri, Trans.). In Collected Essays on International Criminal Law. Tehran: Jangal Publications. [In Persian].
Kiti, S., & Kriangsak. (2020). International Criminal Law (B. Yousefian & M. Esmaeili, Trans.). Tehran: SAMT Publications. [In Persian].
Momeni, M. (2017). International Criminal Law (2nd ed.). Tehran: Shahr-e Danesh Publications. [In Persian].
Olusanya, Olaoluwa. Sentencing War Crimes and Crimes against Humanity under the International Criminal Tribunal for the Former Yugoslavia. Groningen: Europa Law Publishing. 2016..
Qadir, M., & Keikhosravi, M. (2019). War Crimes and Their Interaction with Crimes Against Humanity and Genocide. Teachings of Criminal Law, (17). [In Persian].
Rahbarfarsh-Pira, N., & Movasseghi, H. (2018). Establishment of an International Environmental Court from the Perspective of International Law and Islamic Jurisprudence. Journal of Islamic Jurisprudence and Foundations of Law, 4(12–13). [In Persian].
Robertson, G. (2019). Crimes Against Humanity (Research Group of Razavi University of Islamic Sciences, Trans.; H. Mirmohammadsadeghi, Ed.). Mashhad: Razavi University of Islamic Sciences. [In Persian].
Shariat-Baqeri, M. J. (2018). Documents of the International Criminal Court. Tehran: Javedaneh Publications. [In Persian].
Tahmasbi, J. (2016). Jurisdiction of the International Criminal Court. Tehran: Mizan Publications. [In Persian].
Triffterer, O, Commentary on the rome statute of the international criminal court: Observers' Notes, Article by Article, C.H. Beck. Hart.Nomos, second edition. 2018.
Zamani, S. G. (2016). Establishment of the International Criminal Court: Hopes and Prospects. Legal Studies Journal, 1(2). [In Persian].
Zamani, S. G. (2017). Development of International Responsibility in Light of International Environmental Law. Legal Studies Journal, (1). [In Persian].

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