Folkrättsbrott i Syrien och Irak - En undersökning om lagföring

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: This paper investigates what alternatives exist for prosecuting the perpetrators who have committed international crimes in the armed conflict in Syria and Iraq since 2011 within the international judicial system. In order to achieve an effective prosecution which at the same time also guarantees important principles of criminal law, this paper will also identify the challenges that exist with these prosecution alternatives. The investigation shows that the International Criminal Court can establish jurisdiction over the situation if Syria and Iraq make a declaration under article 12(3) of the Rome Statute or if the UN Security Council refers the situation under their mandate in Chapter VII of the UN Charter. The court may also establish jurisdiction over individuals who are nationals of one of the states that have ratified the statute based on active personality. Cases are however only admissible to the International Criminal Court if the principle of complementarity and the gravity threshold are fulfilled. The UN Security Council can also act under Chapter VII of the UN Charter and establish an ad hoc tribunal, if they find that the situation is a threat to international peace and security. Furthermore, the UN has the mandate to enter into a bilateral agreement with a state and thus establish a mixed court. There is also the alternative to prosecute perpetrators nationally, either in the region based on the principle of territoriality or active personality, or in other states based on the universality principle or active personality. Although it can be stated that many alternatives to prosecute perpetrators exist, they all have various challenges. However, all prosecution alternatives do not face the same challenges to achieve an effective prosecution. This calls for prosecutions to take place through several alternatives in order to achieve efficiency at the same time as important principles of criminal law are considered.

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