جستجوی مقالات مرتبط با کلیدواژه « صلاحیت سرزمینی عینی » در نشریات گروه « فقه و حقوق »

The deportation of citizens of Myanmar to the neighboring country Bangladesh is under Crimes against humanity that the International Criminal Court (ICC) has jurisdiction over it if there is the mechanism of the membership of Myanmar government with the referral of the situation of that country from the United Nations Security Council (UNSC). But there are not these mechanisms, in spite of that with adducing to the membership of Bangladesh the International Criminal Court has right to exercise jurisdiction in this situation that the Rohingya Muslims have been deported (removed) to the territory of that country. But this theory requires the authority of the objective territorial principle in the International Criminal Court (ICC). Studying the dimensions of this theory in the frame work of the criminal jurisdiction and the method of the Preliminary Branch of the International Criminal Court is of the aims and subject matter of this note with relying on Rome Statute of the International Criminal Court in Myanmar status and with descriptive-analytic has been considered. The question of research is what the components of the objective territoriality and jurisdiction over crimes of nationals of non-Member States (non-party states) with adducing the membership of the other country in ICC procedure are. The outcomes of research shows that the criterion of the objective territoriality in the crime of the forced deportation (expulsion) of citizens from international boards based on the membership of the country of destination establishes the International Criminal Court (ICC) with jurisdiction over the criminal status of the nationals of the country of origin.