Culmination of Law

Culmination of Law

Capacities and legislative challenges of the International Criminal Court in jurisdiction on the environmental crimes

Document Type : Original Article

Authors
1 Professor of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran
2 Associate Professor of International Law, Faculty of Law, Qom University, Qom, Iran
3 PhD student of Criminal Law and Criminology, Qom University, Qom, Iran
Abstract
Environmental damage is an important part of the cases of regional and international judicial authorities.But despite the enrichment of international environmental law and the production of interpretive sources,the Judgment issued by the courts lack criminal aspects.Due to the existence of such a gap in international criminal law,this article with a descriptive-analytical method,has been searching for an answer to the question the statute of the International Criminal Court will have the capacity to criminalize and develop the jurisdiction for this type of crimes?In this case,what challenges and legal obstacles does the jurisdiction of environmental crimes in The only international criminal institution?The findings of the research mades clear contrary to the appearances of the texts,there isnt explicit provision regarding environmental crimes in the statute,but its four crimes are regulated in such a way that by maintaining the legality of the crimes and the strictly interpretation,Environmental crimes can be considered as the actus reus of all these crimes.However,the human-centered approach of the statute,the narrowness and strictness of the separation of the actus reus and mens rea elements of these crimes is to such an extent that in the position of proof,the prescription of this inference to understand environmental disasters is rare,if not impossible.
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