La complémentarité de la juridiction de la Cour Pénale Internationale
et les juridictions nationales: une double porte, une double clé
Carmen Quesada Alcalá
7 Int'l Stud. J. 1
The complementarities of the International Criminal Court jurisdiction with national jurisdictions is a basic principle of the Rome Statute and it is related to a general and classic principle: the sovereignty of states. In this article, our purpose is to think more deeply about the main obstacles linked to the implementation of the ICC complementary jurisdiction. And we realize it is necessary to open two doors in order to «go into the ICC house»: the jurisdiction «ratione materiae» and the rules regarding admissibility. There are also two keys to open the two doors : the proceedings related to the jurisdicton of the Court and the admissibility of a case. When «ICC’s jurisdiction doors» are opened, is it necessary States cooperate or the exercise of ICC jurisdiction? This last question will be analysed in accordance with the Article 98 Agreements, the «Impunity Agreements» concluded by the United States of America. The conclusion is obvious: only the right application of the complementarity can turn the ICC into an effective mechanism.
The British Labour Party
Uses Humanitarian Aid As A Means Of International Diplomacy
In The Twenty First Century
A-R. Moussavizadeh
7 Int'l Stud. J. 45
The case study in this article shows that the British Labour Party acts more imperialistically than the British Conservative Party ever contemplated to do. This is due to the fact that one never expects the British Labour Party to act so imperialistically, however the British Conservative Party behaving in an imperialistic manner would not be surprising.
In any case, as the case study in the article shows, it can be seen that from the Second World War until the present beginning of the twenty-first century, how overtly the British Labour Party has behaved in an imperialistic mode.
Although the British are not a super-power, or a first rate power, nonetheless, the British Labour Party, which is the subject of this study, has the tendency to be imperialistic. An example in this respect can be given with the fact that it uses humanitarian aid as a means of international diplomacy, even today. The article has greatly expanded and amplified on this matter.
Torture And High Coercive Interrogations:
Is There A Line Under International Law?
Anisseh Van Engeland-Nourai
7 Int'l Stud. J. 67
The international media have recently shed the light on disturbing practices of interrogation that have been used in Iraq, Afghanistan and Guantanamo. At the same time, we witness a shift of discursive techniques and language regarding torture and high coercive techniques of interrogation. The effect is that the line between high coercive interrogations and torture has been blurred, regardless of international law and human rights treaties.
This paper discusses the issue whether there is a limit to the use of such techniques and whether high coercive interrogation methods are a cruel, inhumane or degrading treatment, prohibited under international law. The first of the paper presents and describes the methods used and qualified as high coercive methods of interrogations. The second part deals with the legal and moral differences between torture and high coercive interrogations. In the third part the paper looks at the way courts and commissions qualify the methods described. Eventually, the paper analyzes if a line can be drawn under international law between torture and high coercive interrogations or if both are prohibited under international law.
Current Development of Negotiations
on the Legal Status of the Caspian Sea Sovereignty Issue
Barbara Jasnus
7 Int'l Stud. J. 95
After over 10 years of negotiations there still remain unresolved issues of great importance, which the Caspian coastal states could not agree upon. Unsettled are vital issues of the extension of national sovereignty and problems of the future borders of Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan in Caspian Sea, as well as not less sensitive issues of the right on the exploration and exploitation of the Caspian natural resources, especially oil and gas. The greatest obstacle to the negotiation process of the clarifying the legal status of the Caspian Sea comes from the often-conflicting interests of the Caspian littoral states. A successful interstate dialog and legal compromise accepted by all the littoral states has been achieved only on the fragile Caspian environment through signature of Framework Convention for the Protection of the Marine Environment of the Caspian Sea. May it be the first positive sign for the future progress in the ongoing negotiations.
Democratization in the Middle East and Iran
Mehran Kamrava
7 Int'l Stud. J. 119
Continued strength on the part of the state and relative weakness and political dependence on the part of society have so far proven insurmountable obstacles to democratization in the Middle East. Consequently, none of the three broad patterns of democratization—democratization through civil society, through the deliberate retreat of authoritarian leaders, and because of the emergence of fissures within the once-cohesive ruling elite—have appeared in the region on a wide scale, with the possible exceptions of Turkey and Lebanon. In Iran, during the first term in office of President Khatami, it appeared that the state’s lack of institutional and ideological cohesion would usher in a democratization process. Such was not the case, however, and the cracks within the ruling establishment appear to have disappeared with the election to the presidency of Mahmoud Ahmadinejad. Nevertheless, if the new President makes good on his campaign promises of facilitating economic growth and development, and by doing so enhances the economic position and independence of the middle classes, he may unwittingly pave the way for turning them into agents of democratization by prompting them to demand greater economic and political accountability and representation.
The Universality of Non-Derogables in Human Rights Law
Mehdi Zakerian
7 Int'l Stud. J. 137
The major distinction of today’s world is that both subjects of equality and divergence should be considered. In other words, the principles and rules of human rights should appear with the diversity and extension of the cultures, values, and beliefs of nations that are members of the United Nations. This study is discussing the question of how could we universalize the basic human rights rules with respect to national and ancient cultural beliefs of each nation?
The writer is testing this hypothesis by using the international human right conventions, the rights of reservation by other countries on these, the individual country’s interpretations of human rights, and cultural relativity and theoretical and academic discussions on human rights. All cultures and countries have the bases for the expansion and universality of international human rights rules. For this purpose, the perspective of North and South countries has been taken under consideration and the universality of human rights generations are examined and criticized.
Islamic Radicalism and the Failure to Establish the Ideal Government
Seyed Abdulamir Nabavi
7 Int'l Stud. J. 155
The current of Islamic radicalism in the Arab World has been unable to attain its most important goal despite many years of serious and constant struggles: the establishment of Islamic government. In this article, the author examines the causes of this failure, considering the experiences of Egypt. While most experts on Islamism have focused upon the adoption of a policy of continued suppression by the Egyptian government and huge Western support for the country’s political elites and have viewed these two variables as influential in the failure of the current in question, the author proposes a different hypothesis. On this basis, although the role the aforementioned factors play in this regard cannot be denied, ambiguities and simplifications towards the political and social questions found in the radical Islamists’ thoughts have been introduced as two significant factors explaining their failure. In this respect, the thoughts and opinions of Seyed Qutb and Mohammad Abdussalam Faraj who are among the most salient theoreticians in this current have been studied and analyzed
Power: The Essential Path to Peace and Cooperation
Hossein Daheshiar
7 Int'l Stud. J. 183
In spite of the increasing number of internal and international actors, the state has always played a crucial and central role in the international arena.
This has resulted in the establishment of an international system in five historical periods. In all these periods, the needs of the international actors have been the determining factors of policies and activities in each period. For this purpose, the practice of peace and cooperation for any other purpose requires power. Without employing power, the path towards peace and cooperation will be restricted. The author tests the hypothesis that the good intentions and humanitarian structures of decision making are not adequate in the international system and in order to achieve the democratic and sacred ideals of cooperation, we need the accumulation of power. In this same area, the fall of great powers, the theoretical issues in international interactions, and the punishment and persuasion options will be taken under consideration.
Women’s Rights, Progress and Evolution:
Our and Your Assessment
Hossein Daheshiar
7 Int'l Stud. J. 203
Women’s rights have been one of the most discussed subjects in both international law and national legal systems. Since the beginning of 20th century the women’s movement created and strengthened the process of protection of women’s rights, first through the League of Nations and then through the United Nations. Ratification of “the convention of elimination of all forms of discrimination against women” in 1979 has been the most important achievement of the activities of this movement.
This article represents the historical evolution of the activities of women’s movement through considering these activities and introducing and studying different instruments and bodies related to women’s rights. In addition, the article considers the content of the convention in details and compares it with the rules and regulations of the Islamic Republic or Iran and ultimately reviews the position of the Islamic Republic of Iran toward this convention.