Document Type : Original Article
Authors
1 Ferdowsi University Mashhad
2 PHD Student of criminal law and criminology
Abstract
The decisions taken by the International Criminal Court in different steps of the proceedings may face the resistance who are mainly political, military or security officials or their suzerain states. Resistances can be divided into two types of severe (Backlash) and mild (Pushback) in essence. The first type of resistances can cause the breaking up or invalidation of decision of this institution. In contrast, mild resistances not only do not seek to break up court, but can cause reduction or elimination of possible defects of the Court’s proceedings. However, instances of these resistances may overlap each other in practice. Terminating the membership in the court or lacking of cooperation of some African governments with this institution is considered mild resistances as long as it does not lead to the breaking up of the court or serious disruption in its work. The establishment a new courts and judicial parallelism, such as the African Criminal Court for the trial of Hissene Habre, sanction of the court officials, such as the cancellation of the visas of the court’s prosecutor in the case of American crimes in Afghanistan by the US government, withdrawing jurisdiction of the court that took places by Libyan government in the case of Saif al-Islam Gaddafi and finally, obstructing along the goals of the court, which has been the policy adopted by various American governments as a non-member state of the court, based on the scope of their impact on the court proceeding and continuation of the activity of this institution or lack of it, can lead to either mild or severe resistances.
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