نوع مقاله : مقاله پژوهشی
1 استادیار گروه حقوق دانشگاه پیام نور استان البرز
2 دانشجوی دکتری حقوق بین الملل عمومی دانشکده حقوق دانشگاه قم(نویسنده مسئول)
عنوان مقاله [English]
The conflict in Yemen has caused a breach of the principle of non-use of force in international law. With the intervention of the Security Council and a few peace-loving states, conflict escalation and the massacre of civilians, the question has arisen of whether the International Criminal Court (ICC/the Court) is able and qualified to play a role to curb the conflict? The feasibility study on the role of ICC is the subject and also the main question of this article. The purpose of feasibility study is the role playing of ICC in the Yemen conflict and to analyze the types of jurisdictions of the Court to investigate the crimes alleged by the international organizations. This manuscript has tried to answer the mentioned question through assessing the alleged violations of Statute and checking the types of jurisdictions and also the elements of crimes according to the Statute of the Court. The pursued hypothesis is that ICC does not have jurisdiction unless the Security Council refers a case to it. The passage of the article demonstrates that if any case is referred to the Court, the probability of fulfillment of the elements of the crimes mentioned under Article 5 of the Statute, namely the mens rea and actus reus, against the coalition is loose. Although the reports of some international organizations suggest the commitment of international crimes in this conflict, states have no tendency to impose universal jurisdiction to proceed with the accusations. Eventually the conclusion is that the role playing of this institution in the Yemen conflict is difficult or even impossible. The impossibility for the Court to play a role in this conflict is mainly due to the lack of ratification of the Rome Statute by the states involved in the Yemen conflict.