چکیده:
Belgium's 1999-1993 law on preventing violations of international humanitarian law and crimes against humanity gives the country's courts the power to prosecute and try individuals accused of war crimes and crimes against humanity based on the principle of universal criminal jurisdiction. The prosecution of the former Foreign Minister of Congo under this law on charges of war crimes and the issuance of an international arrest warrant for his arrest on April 11, 2000, led Congo to file a complaint with the International Court of Justice for violating the immunity of its Foreign Minister and to request the court to condemn Belgium. The Court, in its ruling of February 14, 2002 (Bahman 25, 1380), declared that according to international law, foreign ministers are immune from criminal prosecution by other governments while in office, even if the subject of their accusation is of the type of war crimes. This article briefly examines the foundations of Belgian law, the principle of universal criminal jurisdiction regarding international crimes, and the Court's ruling on the criminal immunity of the aforementioned persons.
خلاصه ماشینی:
The ICJ, in its ruling of February 14, 2002 (Bahman 25, 1380), declared that, according to international law, foreign ministers are immune from criminal prosecution by other governments while in office, even if the subject of the accusation is of the nature of war crimes.
(*)Faculty Member, Faculty of Law and Political Science, University of Tehran Part One - The Belgian Law of 1993-1999: Universal Jurisdiction for Prosecuting Accused of International Crimes A: Universal Jurisdiction 1- Concept and Background 2- Goal and Necessity B: The Belgian Law on the Suppression of Violations of International Humanitarian Law 1- Innovation in the Fight Against War Crimes 2- Universal Jurisdiction of Belgian Courts Part Two - The Dispute Between Congo and Belgium and the Ruling of February 14, 2002 A: Prosecution of the Congolese Foreign Minister Based on the Law of 1993-1999 1- Congo's Complaint Against Belgium 2- The Court's Ruling B: Why and How in the Ruling of February 14th 1- Transfer of Different Judges 2- Doctrine and Judicial Practice What the wise said Whoever does evil receives punishment Ferdowsi The development and strengthening of international criminal law with the aim of punishing and penalizing those who violate international law is undoubtedly one of the important developments of recent years.
In its ruling of February 14, 2002, the court, while rejecting Belgium's objection of jurisdiction and its reasons in this regard, ruled in favor of Congo on the merits and considered the issuance of the arrest warrant for the former Foreign Minister of this country a violation of his immunity and contrary to international law.
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