نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Equality of arms is one of the important issues in the trial process, which oversees the equal status between the accused and the prosecutor in criminal cases. Equality of arms and the prosecutor's benefit from a favorable position as the guardian of public order in society on the one hand, and the accused's benefit from a lawyer and being in an equal position are among the issues that can be raised in equality of arms. In this regard, the main purpose of the present research is to identify and examine the legal challenges arising from the position of the principle of equality of arms in the judicial procedure of the International Criminal Court. The question is, what is the judicial procedure of the International Criminal Court in the field of equality of arms? The results of the research showed that although the judicial practice and interpretations of the contextual approach to the principle of equality of arms in the jurisprudence of the International Criminal Court were the starting point for the establishment of international criminal courts, it seems that, contrary to the globally recognized interpretations, obstacles such as the lack of integrity of the laws, its incorrect interpretation, or the dependence of ad hoc courts on state cooperation, the principle of equality of arms is not properly implemented in judicial practice.
کلیدواژهها English