The International Criminal Responsibility of Governments in the Process of Globalization

Fazlollah Foroughi, Mohammad Mirzaei

Abstract


The effects of globalization, is the globalization of responsibilities. Due to globalization, global or international criminal responsibility of the perpetrators of the crime will follow. States as one of the international actors are also not exempt from this, and the issue of criminal responsibility for them, because the rulers of communication and sensitivity to its governance principles, coupled with a lot of complexity. According to the principle of necessity, anticipate criminal responsibility of states to prevent and avoid a lot of international crimes by nature and only with the support and assistance of States in the international dimension, to establish international order and security, in line with the process of globalization is inevitable. However, with the removal of Article 19 of the draft international responsibility of the State, approved by the International Law Commission, represents the most important source of international criminal responsibility of the government, doubt the government, there is no criminal liability, it should be stressed that the elimination of the need for It does not prejudice the existence of numerous international documents and procedures, are an expression of this. The fact is that many of the behaviors that violate the rules of universal acceptance of the international community, can be done only by governments and civil responsibility only for governments to violate the rules of universal and important, in accordance with the principles of justice and international law, such as the need to maintain international peace and order of the international community, that it makes some states of the vacuum to be exploited. In order to resolve ambiguities about the criminal responsibility of the state, should the use of existing capacity of the international community, including the UN and the Security Council, to build the infrastructure and the necessary arrangements for the progressive development of these institutions, such as that for the International Criminal Court done.

Full Text:

PDF


DOI: https://doi.org/10.5539/jpl.v10n1p262

Copyright (c) 2016 Fazlollah Foroughi, Mohammad Mirzaei

License URL: http://creativecommons.org/licenses/by/4.0

Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)  Email: jpl@ccsenet.org

Copyright © Canadian Center of Science and Education

To make sure that you can receive messages from us, please add the 'ccsenet.org' domain to your e-mail 'safe list'. If you do not receive e-mail in your 'inbox', check your 'bulk mail' or 'junk mail' folders.