14 Dick. J. Int'l L. 243 (1995-1996)
Creating an International Criminal Court: Confronting the Conflicting Criminal Procedures of Iran and the United Statees

handle is hein.journals/psilr14 and id is 251 raw text is: Creating an International Criminal
Court: Confronting the Conflicting
Criminal Procedures of Iran and the
United States
Rose Marie Karadsheh*
I.  Introduction
The 1995 United Nations Fourth World Conference on
Women in Beijing, China, brought to the forefront of international
attention the difficulty of attaining a unified transnational effort to
condemn and punish world-wide injustices. Most are familiar with
the trying of war criminals, such as current attempts to bring to
justice leaders of the Bosnian Serbs. Unknown to most, however,
is the long history of attempts to establish an international criminal
court (ICC) to try those accused of crimes, not traditionally defined
as war crimes. This article discusses the evolution of the ICC and
whether such a court is a realistic option for nations concerned with
enforcing criminal justice against transnational criminals. For an
ICC to exist and be successful, there must be international support.
Therefore, the intent of the drafters must be to create a court and
procedures that are acceptable to the nations of the world.
However, there are many different policies and ideologies
governing criminal justice systems in every country. Two countries
with differing foundations for criminal justice are Iran and the
United States.
Iran is considered one of the most ardent Islamic systems for
criminal law and procedure. Iranian judges are primarily religious
clerics interpreting God's will. In contrast, the United States
maintains a secular and diverse criminal justice system. U.S. laws
and procedures are likely the most developed and detailed in the
* Graduate of the University of Michigan in Ann Arbor, Michigan receiving
her Bachelor of Arts in Near East and North African Studies. She also received
her Juris Doctorate from Temple University School of Law in Philadelphia,
Pennsylvania. Ms. Karadsheh is currently practicing at MacDonald and Goren,
P.C. in Birmingham, Michigan.

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