Political rights approaches

Political rights approaches

Capacity Building, a Tool to Facilitate the Accession of Countries to the International Criminal Court, Emphasizing the Capacity Building of Iranian Laws

Document Type : Original Article

Authors
Mehdi Hatami 1
Halaleh Ahmadi 2
1 Associate Professor, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran
2 MA Graudated in Criminal Law and Criminology, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran
10.22084/qjpla.2025.30345.1009
Abstract
 Iran’s decision to become a member of the International Criminal Court as one of the ways to realize criminal justice requires knowing the current legal system of this country and its approach towards the court. Apparently, the reason for the delay in deciding on this important international action is the obstacles that It requires internal capacity building to deal with existing difficulties. The purpose of this research, with a descriptive and analytical approach, is to identify obstacles and the available capacities and the degree of influence of each of these obstacles and capacities in joining the court. Finally, we find out that these cases are not original and effective obstacles, and most of them can be solved by using the capacities available in the domestic and interpretive legal system. Agreeing with the laws with the statute of the court or criminalizing the crimes subject to the jurisdiction of the court in their internal laws, not as an obstacle but as a necessary condition to join, remove. Therefore, it seems that the reason for the delay in this important international action is not the existence. of obstacles in the country’s legal system, but the lack of desire the request of Iran is to become a member of the court.
Keywords
International Criminal Court
Complementary Jurisdiction
Capacity Building
Obstacles