نوع مقاله : علمی-تخصصی
نویسندگان
1 مدرس گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه کردستان، سنندج، ایران.
2 دکتری حقوق بینالملل کیفری، دانشگاه پواتیه، فرانسه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most significant crimes which mentioned in the statute of the international criminal court along with other important crimes in 1998 was the crime of aggression. By the occurrence of this crime, the independence and territorial integrity of the country which has been invaded is damaged, and it mostly makes the regional peace to be shaken. In October 2019, by the assault of Turkey army to the Kurdish-inhabited regions of the north of Syria called "The Source of Peace" which led to the invasion of Turkey to Syrian territory up to a depth of 35 kilometers and the extensive destruction of the residential places and dispersion, and also the death of hundreds of that region's residents, the crime of aggression was among the most important criminal titles raised for an explanation of the Turkish's behavior. Therefore, this crime's occurrence was confirmed by studying the legal-historical contexts of the development of conflict between the Kurds and Turkish government, and also by explaining why and how the Turkey's military attack is done using the authoritative news sources and its coincidence with the crime of aggression. Disobedience of the contents of the Charter of United Nations, nonadherence of Turkey to the previous agreements with Syria government, and consequently its illegal military invasion to Syria territory, and inadequacy of Turkey's expressive reasons for this attack's justification such as invoking the preventive legitimate defense, and creation of a safe zone are all the reasons which this result was achieved based on them. One of the other challenges which we tried to answer in this research was the jurisdiction and the possibility of International Criminal Court's entrance as a permanent institution to deal with impunity and the perpetrators' criminal blame in this crime.
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