نوع مقاله : مقاله پژوهشی
دانشیار، مرکز تحقیقات حقوق، واحد مراغه، دانشگاه آزاد اسلامی، مراغه، ایران. (نویسنده مسؤول)
عنوان مقاله [English]
In recent years, with the escalation of the war in Syria, defenseless people are massacred by terrorist groups. One of the most effective ways to maintain security in the Middle East is the criminal prosecution of the perpetrators by the International Criminal Court because the court was formed with the aim of dealing with humanitarian crises. The performance of the court in the Libyan crisis showed that it has potential to deal with brutalities. The Syrian crisis has also turned into a situation that is legally required to be dealt with in the International Criminal Court, while Syria is not a member of the court. Based on the rules of the court, it is possible to deal with the situation of non-member countries in three cases: referral of the situation by the Security Council to the prosecutor of the court, the occurrence of a crime in the territory of the member state and acceptance of the jurisdiction of the court in connection with a specific crime by the non-member state. The findings of this research show that although the first and third modes are theoretically compatible with the situation in Syria, it is currently unlikely that the situation in Syria will be dealt with in the court with the two mentioned mechanisms. This article tries to clarify the scope and nature of the crimes committed in the territory of Syria, the legal mechanisms of referring this situation to the Court in the light of the provisions of the Rome Statute.