Judicial strategies and the possibility of filing a lawsuit in the courts  in the assassination of the IRGC Quds commander

Ghadimi, Abbas; Ebrahimi, Seyed Nasrollah; Safaee, Abdolhosein

Judicial strategies and the possibility of filing a lawsuit in the courts in the assassination of the IRGC Quds commander

Document Type : Original Article

Authors

¹ Ayatollah Amoli Islamic Azad University

² Faculty of Law &amp; Politics, The University of Tehran

³ Supreme National Defense University

Abstract

IRGCQuds assassination Force commander by the US didnt comply with any legitimate defense elements and is a international violation. the courts jurisdiction in the perpetrators criminal responsibility of this terror is important. According to the legal procedure of the ICJ, America's arguments regarding the assassination will be not accepted. America claims this action was done as legitimate defense.While the court has emphasized that legitimate defense is possible against armed attacks.Although Iran, Iraq and the USA arent members of the Statute of the ICC, the assassination of the IRGCQuds Force Commander and his companions was referred to the ICC by the Security Council and at the request of the IRI. the prosecutor of the ICC can request a hearing, and this path is smooth for the member states of the statute. the main responsibility in prosecuting crimes is the jurisdiction of the court with national courts, and in case of the unwillingness or inability of national courts or the absence of an independent and efficient judicial system, the ICC will exercise jurisdiction in this matter. courts jurisdiction is complementary to the national courts, but it cannot be considered their substitute .Therefore, the national courts have the main jurisdiction in this case

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