نوع مقاله : مقاله پژوهشی
دانشجوی دکتری حقوق بین الملل دانشگاه شهید بهشتی
عنوان مقاله [English]
ng> The system of international criminal law (ICL), within the constellation of international systems deviates from a sovereignty-oriented model and shows some aspects of unity, solidarity and generality thanks to its proximity to the most important concept of modern international system, namely human dignity. However, one cannot say for sure that it is now completely free from the effects of its previous aforementioned characteristics. Through a systemic study of ICL, each of different logics of international law―equality, cooperation, and power―are identified and clearly show their own effects. Equality is transformed into the classification of international crimes and the denial of impunity, while cooperation forms the basis of international institutions and power forces itself through bilateral agreements concluded outside the system of ICL that guarantee impunity for nationals of warlords. As a result, though there is a hope to open up a horizon of unity in ICL it is, admittedly, still teetering on the brink of credibility between the rule of law and sovereignty. Keywords: International criminal law, Sovereignty, Rule of Law, International cooperation, Systemic study.