Document Type : Academicm and Research

Author

• Seyed Hesamoddin Lesani

Hazrat-e Masoumeh University

Abstract

According to the statute of the International Criminal Court (ICC), one of the cases of jurisdiction of the ICC as a judicial court which tries the international criminals, is when the accused is a national of member states of the court. While the statute of the court does not provide a solution to verify the nationality of the accused, this issue does not pose a problem for those with single nationality. However, considering the increased number of people with dual nationality in the world, this issue reveals the absence of the statute when an accused has dual nationality with one of the member states and a non-member state of the court. Due to the fact that non-member states of the court are against the trial of their nationals in this court, the manner of determining the competence of the court to try people of two or more nationalities has legal importance. The importance of this discussion was augmented with the proposal to prosecute the leader of North Korea in the ICC (despite the non-membership of this state) by some non-governmental organizations citing his South Korean nationality (a member state of the Court) in 2016. In this article, the author proves despite the silence of ICC statute, the court can, according to the approaches that exist in international law to establish nationality, act in a manner that prevents impunity and, respecting the sovereignty of non-member states, and also the prosecution of their nationals without providing solid legal evidence.

Keywords

• Multiple، Nationality، International، Criminal، Court

Main Subjects

• Legal (Comparative Islamic and Western Law)