The Interaction of international humanitarian law and human rights with an emphasis on the procedure of international criminal courts

Document Type : Research Paper

Authors

1 Faculty of Law, Central Tehran Azad University

2 Law Department of Central Tehran Azad University

3 Faculty of Central Tehran Azad University

Abstract

Violent breaches of humanitarian law are one of the jurisdictional cases of international criminal courts. on the other hand, although the four 1949 Geneva Conventions and their additional protocols do not explicitly refer to human rights, because they refer to the situation of armed conflicts, in the statutes of the International Criminal Courts, whether the case or the International Criminal Court or ICTY or ICTR, The multiple effects of human rights and international humanitarian law are dealt with each other. In cases such as Prosecutor v. Kronjlak (2002), and the Konarach case in the International Criminal Court for the former Yugoslavia, the relationship between international humanitarian law and human rights has been pointed out. The main question that has been done in this research in a descriptive-analytical way is, according to the practice of international criminal courts, what is the mutual influence of international humanitarian law and international human rights? The result of the current research is that the rules of human rights, such as the right to a fair trial for perpetrators of international crimes, witnesses, and victims, and not considering the immunity of accused government officials in international criminal proceedings, have penetrated. On the other hand, human rights And

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 21 November 2023

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