Criminal liability of international organizations from immunity to recognition and challenges ahead

International organizations, by expanding their activities, are able to violate international obligations and commit crimes. However, the criminal responsibility of international organizations, whether governmental or non-governmental, has not been accepted despite their recognition. Because, the International Criminal Court has only accepted the criminal responsibility of natural persons. On the other hand, national courts also lack the necessary competence. Therefore, this article raises the question in a descriptive-analytical manner as to what obstacles exist in accepting the criminal responsibility of international organizations at the level of international law and domestic law? It seems that the rule of hegemonic powers, the undemocratic structure governing the international legal system, the opposition of states to justify the reason for the principle of non-intervention, and legal challenges (such as immunity), political, and functional, are obstacles to any acceptance of criminal responsibility.In addition, the moral element of the crime and its attribution to legal persons is also a matter of dispute. Hence, the need to regulate the criminal liability of international organizations, as in the draft of the Liability of International Organizations adopted in ۲۰۱۱, is obvious. In addition, the creation of a special body or a revision of the Rome Statute to address the liability of legal persons, especially international organizations, whether governmental or otherwise, seemed necessary.

کلیدواژه ها:

International organizations' ، 'Criminal liability' ، 'Legal persons' ، 'Immunity