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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   spring-summer 2016 , Volume - , Number 11 #L00560; Page(s) 137 To 165.
 
Paper: 

The Feasibility of Prosecuting ISIS Members and Leaders in National and International Criminal Courts

 
 
Author(s):  SALEHI MOHAMMAD KHALIL, DAVARI MOHAMMAD
 
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Abstract: 
Based on the report of the international authentic institutes, Daesh group (ISIS) has committed anti-human and grave behaviors that for their systematizing and spreading over that some of them can be instances of three important international crimes meaning genocide, war crimes and crimes against human. Yet it has not been formed any serious action to prosecute and punish the members of ISIS by national and international courts. Iraq government with adducing to territorial principle is the most prior country to prosecute and sentence these members and also countries which ISIS members are their citizens or countries have accepted the principle of universal jurisdiction related to the international crimes and with relying on personality principle and the principle of universal jurisdiction it can be prosecuted and punished ISIS members specially their leaders in an international criminal court. The universal society expects that United Nations Security Council exercises the prosecution and punishment of ISIS members in an international criminal court. This is possible through two methods: the establishment of an international criminal court like the international criminal tribunals for the Former Yugoslavia and Rwanda or referring to International Criminal Court. This paper has legally studied and evaluated the possibility of sentencing ISIS members in any of the mentioned courts. The outcome shows that every of theses courts has its advantages to prosecute and punish ISIS members and Iraq government and international community must use these capacity in a proper manner.
 
Keyword(s): Daesh,War crimes,Crimes against human,Genocide,Case courts,International Criminal Court,Hybrid courts
 
References: 
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