Conditions for the exclusion of personal criminal liability based on the Statute of the International Criminal Court

Document Type : Original Article

Author
Master of Science in Criminal Law and Criminology, Islamic Azad University, Shiraz Branch, Shiraz, Iran
10.22034/lc.2025.532297.1659
Abstract
The importance of criminal liability is that societies, in pursuit of establishing their own morality and development, seek to create guarantees of enforcement to maintain order and security. This is of great importance not only in domestic societies but also in international societies. Everyone who commits a criminal act intentionally or negligently must accept the consequences of his or her criminal act, so that in this way, one of the ways to maintain order and security is possible. The purpose of this research, which has been conducted in a descriptive-analytical manner, is to conduct a comparative study of the conditions for the exclusion of personal criminal liability in the Statute of the International Criminal Court, as a new and emerging source of international law, with global standards. The principle of personal criminal liability is one of the progressive and well-known principles in contemporary criminal law, the observance of which guarantees justice and guarantees the implementation of the principle of the legality of the crime. Chapter 3 of the Statute of the International Criminal Court, which is called the General Principles of Criminal Law, actually deals with the provisions related to the criminal responsibility of individuals. This chapter refers to issues such as the principle of legality of crimes and punishments, individual criminal responsibility, forms of intervention of individuals in the commission of crimes within the jurisdiction of the International Criminal Court, responsibility of the commander and the officer and the grounds for exemption from criminal liability.
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