Legal Defense in Articles of Association International Criminal Court (ICC)

Context and Legal defence is one of the verified subjects in the several legal systems that is also verified clearly at the Article 31, of articles of association of international criminal court. Establishing and starting the activity of this court with regards to its impression and function in international sphere, needs substantial scrupulous survey of the documents and regulations that related to it. Besides, joining Iran to afore mentioned the articles of association, requires determining minute survey of mentioned subjects. The writer of the essay trys to analyzing one of these subjects descriptively and comparisonally. The essay uses internal and international legal references by descriptive method, and also besides to afore mentioned references, the writer uses legal references of Germany, England and united states of America to determine the concept of legal defence in the articles of association of the international criminal court. The situations of defencing from asset which has been mentioned in the Articles of association does not adopt with the admitted international legal rules and armed hostilities rights. Because contrary to the Articles of association that has been admitted the right of defence from the asset that are necessary for performing military operation, international humanitarian right merely admits defence for the saving objects and equipments that are unnecessary for survival of civil population military operation, does not regulate any principle. The articles of association has accepted defence of life, principle, liberty of body and property in international criminal court in the case of defence of life, the articles of association exercise more limitations in comparison to other cases and has only accepted it in war crime, limited to situation such as that life would be necessary for saving life of defender or saving life of another person or performing military operation. Therefore, defencing on life, will never be a justification for genocide and crime against human being. surveying the regulations of the articles of association in proportion to legal defence shows, although legislators of the articles of association would aimed to compose regulations of common international rights and have in many times considered this subject, they have deviate from the common international rights in situation of defencing of property and enacted regulations contrary to the articles of association.