نوع مقاله : مقاله پژوهشی
نویسنده
دانش آموخته دکتری حقوق بین الملل، دانشگاه آزاد اسلامی، واحد زنجان، زنجان، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Article 53(1)(c) and (2)(c) of the Rome Statute addresses the concept of the interests of justice, which is one of the concepts that has remained undefined since the adoption of the Statute of the International Criminal Court. It serves as an exception allowing the suspension of investigation or prosecution, taking into account such as the interests of victims, the age and infirmity of the alleged perpetrator, and his or her role in the alleged crime. Utilitarianism, deontology, and virtue ethics are among the major philosophical schools through which the practical justificatory–ethical foundation of this concept can be examined. Utilitarians and virtue ethicists consider the suspension of investigation and prosecution acceptable in line with the interests of justice, whereas deontologists regard this as unacceptable. In this article, we aimed to first describe justice based on Islamic and Western schools of thought and then, after a brief explanation of the concept of the “interests of justice” as articulated in the Rome Statute, we placed this notion on the scales of utilitarianism, deontology, and virtue ethics in order to conduct an analytical examination. We aimed to answer the following questions: What is the meaning of justice in Islamic and non-Islamic schools? What is intended by the “interests of justice” within the framework of the Rome Statute? Can a Justificatory–Ethical basis for the interests of justice be obtained in philosophical schools?
کلیدواژهها [English]
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