Investigating Criminal Responsibility of International Organizations in the International Law System

Publish Year: 1400
نوع سند: مقاله ژورنالی
زبان: English
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شناسه ملی سند علمی:

JR_IJETH-3-1_002

تاریخ نمایه سازی: 2 خرداد 1400

Abstract:

Background: In addition to governments, the activities of international organizations such as a large multinational corporation may be detrimental and hazardous to international public order. For example, companies that produce microbial and chemical bombs and organizations that traffic women, children, opiates in addition to buying and selling human organs, or that carry out sexual terrorism and international prostitution. The objective of the present study is on the criminal responsibility of international organizations in the international law system as well as whether international law has ever attempted to identify the criminal responsibility of such persons? Conclusion: At the turn of twentieth century, followed by the expansion of international exchanges and outbreak of ravaging wars, the advancement of science and technology, esp. military equipment technology, emergence of natural disasters or spread of dangerous infectious diseases, and stimulating humanitarian sensations and ... international organizations, including governmental or non-governmental, regional or global ones, with specific political, economic, cultural and social topics or a combination of them, were formed. Presence, activity and influence of these organizations in international relations arena was so epitomized that the international institutions are mentioned as the most important players of international relations after governments. Unfortunately, taking a glance at the international penal system structure, we find out that the international criminal regime drawn out in the ۱۹۹۰s is basically a system established based on the trial of real persons, and not legal entities. The regime of the International Criminal Court has explicitly excluded the trial of legal persons via this path. From this outlook, the situation of international organizations in terms of criminal law develops a gap in international criminal law that entails the action of the said key players in the international arena.

Authors

Abbas Rafiee

Ph.D. student of International Law, Islamic Azad University, UAE Branch, UAE