M.A. Thesis:

Legal and juridical barriers of accession to the International Criminal Court

The statute of international criminal court in 1998 had been adopted, and following the process which had been started in the years after the world war II and in order to make such a court objectivity, and Iran government had an active role in its codification and had serious attendance in all the related steps. One of the probable problems of Iran' s accession to the court is in the field of judges’ combination discussion, which the considered concern was that all of the judges were not Muslim, and to resolve this concern, fair geographical distribution should be available in the selection of the judges. Another note is that the process of the criminal law will continue to grow and develops, regardless the membership or Non-membership of Iran in the court. It is not swooping on criminal international law, and all of the damages are related to Iran. Assuming that Iran is not joined to escape criminal liability and avoid the court to apply qualification, it is not an obstacle for that, because according to the authority that the united nations charter placed on the authority of the security council, in order to allow the formation of subsidiary institutions to maintain international peace and security, this council is able to form the specific criminal prosecution in order to investigate crimes committed by Iranian citizens. While already it has taken action hereof. Non-membership in the court will be accounted as a sort of political isolation. This is associated due to the accusations of human rights abuse which is attributed to Iran, and will rise the strengthen of this accusations. According to the titled subjects, the Islamic Republic of Iran should be removed from reaction status and with the formation of specialized working groups and a detailed comparison of the advantages and disadvantages of joining the association, reach a rational decision in this regard.

Keywords: International Criminal Court, International Crime, International Criminal Law, Legal and Juridical B