نوع مقاله : مقاله علمی - پژوهشی
1 استادیار گروه حقوق جزا و جرمشناسی دانشگاه تربیت مدرس
2 دانشجوی دکتری حقوق جزا و جرمشناسی دانشگاه تربیت مدرس
عنوان مقاله [English]
One of the issues that has gained a good place in considerations of the office of the prosecution and international criminal court is the gravity threshold set out in paragraph 1(d) of article 17 of statute. This concept from the time of being inserted in statute has some challenges such as lack of definition in statute, lack of criterion for satisfaction of this concept. Given to the fact that gravity threshold is one part of admissibility mechanism, these ambiguities can disturb the legitimacy and function of international criminal court as the first permanent international criminal court. Hence, the current paper aims to to clarify this significant concept. Moreover, the gravity threshold criteria and the role of this concept in situation and cases also have been analyzed. Finally, it is concluded that due to political considerations, the clarification of gravity threshold is seriously needed.