نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The speed of events and decision-making in the world increased sharply after the industrial revolution, and especially with the entry into the information age and new technologies. Also, despite the unfortunate events that occurred in the first half of the twentieth century during the world wars, the need for international legal protection of human beings, especially during wars and armed conflicts, had become an international concern. What emerged during the handling of cases in the international criminal courts was that the existing strict norms do not have sufficient capacity to respond to the needs of subjects of international humanitarian law. The findings of the present study, which was conducted using library resources and a descriptive-analytical method, indicate that the practice of international criminal courts has a suitable capacity for creating international humanitarian norms and, given that the practice of these courts is not considered one of the traditional sources of Article 38 of the Statute of the International Court of Justice, it should be considered among the norms of international humanitarian soft law. It seems that the practice of international criminal courts has led to the development of international humanitarian soft law norms by elevating ordinary norms to mandatory rules, being an interpretative tool, providing auxiliary resources for extracting international humanitarian norms, guiding judicial practice, and creating alignment between international criminal courts.
کلیدواژهها English