نوع مقاله : مقاله پژوهشی
دانشجوی دکتری حقوق بین الملل، دانشکده علوم انسانی، دانشگاه آزاد اسلامی واحد تهران شمال، تهران، ایران
عنوان مقاله [English]
One of the most important possible ways to achieve international criminal justice may be International Criminal Court, which has been investigating the crimes committed by US citizens in Afghanistan since 2016. In response, the United States sanctioned ICC judges and individuals in connection with ICC, which received various reactions from different states. This article, using a descriptive-analytical method, first examines the jurisdiction of the court in dealing with the issue, then the sanctioning of persons, especially judges, in international law, and finally the international obligations of the United States of America, and it comes to the conclusion that, on the one hand, the sanctioning of judges is the immunity of judges. violated the court, which is necessary for their judicial independence, and on the other hand, the United States of America, by sanctioning the judges of the International Criminal Court, violated its international obligations, including general obligations, the implementation of which is necessary to achieve criminal justice. Finally, the action of the United States of America was caused by the policy of that government and its own interests and cannot be justified based on the rules of international law.