Generality of the treaty based Criteria of Statute of International Criminal Court Facing International Crimes

Abstract

The international criminal court (ICC) has considered crimes that are called inherent international crimes having custom characteristics that according to their domain cannot be distinguished. But, it occurs when the ICC creates a multidimensional treaty and its statute of constitution is on the basis of treaty based criteria. This issue by dividing governments regarding ICC can decrease the determination of their action (though the possibility of definite power against non-party estate is possible with reference to Security Council. But without such references and their reactions, while having any gap regarding considered crimes, the ICC will face some deficiencies). It is important that such crimes according to their nature did not take into consideration if they are estate or non-estate, since they consider human being. Also, the treaty based for statute of  ICC is not challenging for treaty international crime, but it is possible that when non-party state are claiming that they are not member of treaty crime and the statute of ICC, but the behalf of the ICC they might be forced to exist. Thought still there is no treaty crime added to the statute of ICC, but according to speeches about annexing them, it can be a potential challenge.