Mon Oct 23 10:07:24 2000 Submitting Host: 202.54.54.150 name: Soumik email: bst9712@isical.ac.in comment: hi pritam, good going! *** Tue Oct 24 04:16:25 2000 Submitting Host: 205.173.93.35 name: nitin sareen email: nitin.sareen@geind.ge.com comment: keep it up pritam. good effort in reviving the magazine. keep it alive. *** Fri Nov 17 01:16:15 2000 Submitting Host: 202.54.70.155 name: vaka jaya prakash email: vaka_jayaprakash@yahoo.com comment: respected sir when will u give the m.tech notification? which paper u will give the notication? *** Mon Nov 20 08:42:46 2000 Submitting Host: 205.173.93.34 name: Arvind Mozumdar email: arvind@StartPages.com comment: Good to see the Mag back on! *** Wed Nov 22 08:51:13 2000 Submitting Host: 57.68.144.2 name: debashish banerjee email: debashish.banerjee@geind.ge.com comment: nice to see the magazine and the interveiw of BV Rao was real good. keep it up. *** Thu Jan 25 01:09:56 2001 Submitting Host: 24.164.140.98 name: Parthapratim Chakraborty email: pchakrab@lehman.com comment: Hello Folks: Leafing through the pages of nostalgia six years after where I left the pages off unmarked, it is so nice to see the spirit well lit and preserved for posterity. Keep the great work up and be happy, Partha (B.Stat. 1993, M.Stat. 1995) *** Thu May 17 05:17:57 2001 Submitting Host: 61.0.140.71 name: S N BHATTACHARJEE email: samrajni@sancharnet.in comment: REALLY I ENJOYED THE MAG OF NOV'2K. *** Wed Jun 13 16:05:15 2001 Submitting Host: 205.173.93.38 name: nitin sareen email: nitin.s.sareen@gecapital.com comment: Hey guys what's up??? Why aren't you coming up with the new editions of the mag???? *** Mon Jul 2 09:51:17 2001 Submitting Host: 61.0.172.143 name: Sourav email: sourav@.... comment: I liked the site waiting for the new issue ? sourav *** Fri Aug 17 13:36:06 2001 Submitting Host: 63.22.66.24 name: lawrence ahee email: lahee@bellsouth.net comment: What's the cost of Car and Driver April 2000 magazine. *** Thu Sep 13 09:32:53 2001 Submitting Host: 202.54.54.150 name: khnjk email: ljlsjl@kjs comment: jsckljsdlcjklsdjlkjlkljljklj *** Fri Oct 5 01:16:53 2001 Submitting Host: 203.197.119.102 name: Abhishek Mukherjee email: ovshake@hotmail.com comment: Yeah, so you've answered to the clarion call "forget the rhino, save the ISIMag!" Awaiting a report on the just concluded table tennis tournament. *** Fri Jan 11 19:16:03 2002 Submitting Host: 128.163.130.44 name: mario email: chiv_l_rus@yahoo.com comment: hey guys, What happened? Why have all of you suddenly stopped dishing out(should I say it?) new issues? You do have patrons spread out all over the world waiting for your new issues. Try keeping up the good work you have done in the past. Cheers, Mario *** Mon Aug 26 07:35:36 2002 Submitting Host: 202.54.102.200 Mon Aug 26 07:35:51 2002 Submitting Host: 202.54.102.200 name: P email: p comment: gdfgsdfg *** Tue Mar 11 08:26:06 2003 Submitting Host: 10.10.17.171 name: sdg email: dsgh comment: dg *** Tue Mar 11 08:57:00 2003 Submitting Host: 10.10.17.213 name: yhti email: yu comment: yi *** Tue Mar 11 16:54:00 2003 Submitting Host: 10.10.17.198 name: hk email: yhkh comment: hlkjh *** Mon Jun 9 10:18:31 2003 Submitting Host: 10.10.17.184 name: h.golbabaei email: hgol3baba@yahoo.com comment: i want to send you an article please inform me how i can do it. *** Sun Jun 29 13:15:50 2003 Submitting Host: 10.10.17.221 name: to_Current_MTech_CS_Students email: unknown comment: Hi everybody, I am Lokesh, completed my BTech in CS from SVUniv.CollegeOfEngg.,Tirupati,AP. I got interview letter from ISI, but I need help from you people just to know how the interview is gonna be will they concentrate on mathematics only or on computerscience subjects also..? I am sorry to trouble u like this, I have no other way to get email ids of current students from isical.ac.in I am waiting for your reply yours friendly Lokesh Kumar S my email id is lokesh_svuce@rediffmail.com *** Tue Dec 9 00:41:42 2003 Submitting Host: 10.124.207.249 name: kkagrawal email: kkagrawal@oil.asm.nic.in comment: i want to know when notification for admission to B. stat course will be published? *** Wed Feb 25 02:36:12 2004 Submitting Host: 10.124.207.252 name: CNS Placements email: cnsplacements@yahoo.com comment: Hi, We are a placement agency, based out of Mumbai. We have an urgent job requirement for an M Stat from ISI institute for a multinational bank in Bangalore. The experience will be 2 to 3 years. Do let me know incase there are any requirements for the same. *** Sat Nov 6 12:07:35 2004 Submitting Host: 10.124.207.253 name: dileep kumar email: dileep_06_kr@ahoo.com comment: i want to do msc. in statistics .Please tell me about eligibilit ? *** Wed Aug 31 04:17:28 2005 Submitting Host: 10.124.207.247 name: Nitin Sareen email: sareen.nitin@gmail.com comment: Stumbled upon this after a long time ... Nice to see the ISIMag come out of Hiatus ... Eager to see the next issues soon *** Sat Dec 10 06:44:56 2005 Submitting Host: 10.124.207.252 name: Alireza Zare email: azare@yazduni.ac.ir comment: I am form yazd university Iran geograghy dept. I want ISI magazine gograghy and social science adress. please help me Alireza *** Mon Jan 9 14:17:38 2006 Submitting Host: 10.124.207.253 name: atoossa Ebrahimi email: atousa2958@yahoo.com comment: This is Atoossa Ebrahimi, a faculty member of the Department of English Literature, Azad Univ. Ghaemshahr Branch, Iran. *** Sat Oct 7 05:45:46 2006 Submitting Host: 10.124.131.238 name: Dr Morteza Goudarzi email: m_artworks@yahoo.com comment: Dear sir I'm eager to know about your acceptance of "artistic article" from other countries in order to publish in your magazine. looking forward to hearing from you soon. Best Regards Dr Morteza Goudarzi *** Fri Jun 8 11:44:59 2007 Submitting Host: 10.124.131.238 name: Sir Mohammad Hosein Khadishi email: dr_dophlin@yahoo.com comment: Nothing now! *** Wed Aug 29 02:42:50 2007 Submitting Host: 10.124.131.238 name: ROGAYEH FARAGZADEH email: DOUZLY_2006@YAHOO.COM comment: HELLO I WANT TO ASK WHAT IS YOUR CONDITION FOR PRINT MY RIGHTS ARTICLES IN YOUR MAGAZINE? THANKYOU *** Fri Nov 16 00:10:35 2007 Submitting Host: 10.124.131.238 name: navid email: nabbasi37@yahoo.com comment: do you have ISI? *** Sun Apr 27 18:28:05 2008 Submitting Host: 10.124.131.238 name: zhlbcfmb email: vkzwat@vjnfkd.com comment: fyjbJV urmnjbuysodh, [url=http://ttldeadetfmx.com/]ttldeadetfmx[/url], [link=http://hynklihvjmvf.com/]hynklihvjmvf[/link], http://rubwgyuuomjc.com/ *** Fri Sep 12 22:00:18 2008 Submitting Host: 10.124.131.238 name: all email: all@all.edu comment: everything *** Mon Dec 8 03:03:07 2008 Submitting Host: 10.126.24.9 name: f.m email: firozeh_fam@yahoo.com comment: Hi. *** Mon Jul 27 02:19:09 2009 Submitting Host: 10.126.24.9 name: Fariba Hadilu email: fariba.hadilu@gmail.com comment: Hello.Sudabeh Rafiee wants to sens an article for you and has asked me to do it for her. I have sent it by your isismag@isical.ac.in address, bur it hasn't been delivered. whabt can I do to send it? please give me your guidance. thanks *** Sat Aug 1 00:57:14 2009 Submitting Host: 10.126.24.9 name: Sudabeh Rafiee email: fariba.hadilu@gmail.com comment: Hello, I have sent an article by Sudabeh Rafiee who has asked me to do this. How can I be sure that you have received it and I want to know what is your idea about it. please reply my comment. Thank you *** Tue Aug 11 03:46:17 2009 Submitting Host: 10.126.24.9 name: Dr. Sudabeh Rafiee email: fariba.hadilu@gmail.com comment: I want to know if you have received the articles and what is your ideas about them. *** Sun Sep 20 12:49:05 2009 Submitting Host: 10.126.24.9 name: asghari pirehkhalil email: soghra77@yahoo.com comment: dear sir i want help *** Sun Sep 20 12:49:09 2009 Submitting Host: 10.126.24.9 name: asghari pirehkhalil email: soghra77@yahoo.com comment: dear sir i want help *** Mon Sep 21 02:49:13 2009 Submitting Host: 10.126.24.9 name: mina hedayat email: mordabenilofari@gmail.com comment: Hi Dear i am graduated in master of Art & i wrote 4 essay . I am looking forward for writing an article in ISI but I dont know how write an article & where I send it ? would you like to send you my article? i am waiting for your answer. best regard Mina Hedayat *** Tue Dec 22 14:48:25 2009 Submitting Host: 10.126.24.9 name: Ali Maheri email: maheri.ali@gmail.com comment: Hello There I need some information about sending my article to your magazine. Best Regards *** Tue May 18 07:40:02 2010 Submitting Host: 10.126.24.9 name: Nasroallah Asadi email: saintmary19@yahoo.com comment: Dear Sir! I'm phd student in teaching management ,& I want to write an article for your magazine about teaching management.I want to know how should I write it & if I must pay for it. Thanks for your help. Best regards Nasrollah Asadi *** Thu Sep 2 15:57:04 2010 Submitting Host: 10.126.24.9 name: sabbaghi email: sabbaghireza@yahoo.com comment: Iwant to search about applications of nanotechnology in exploration oil & gas please introduce a great sits for reaserching or sends a great article for me very soon. thanks *** Fri Nov 12 23:48:31 2010 Submitting Host: 10.126.24.9 name: Mohammad Reza Saki email: Mrezasaki@yahoo.com comment: Hi I'd like to learn your e-mail adress for send my Article. Sincerely *** Sat Dec 4 14:56:09 2010 Submitting Host: 10.126.24.9 name: m.reza saki email: mrezasaki@yahoo.com comment: Honorable Management of ISI Magazine I am a faculty member of the Islamic Azad University of Tehran, Faculty of Law in Iran and have completed my studies in the doctorate course of Criminal Law & Criminology. My thesis defense depends upon publishing an article in the subject of the thesis and acquiring a printing permit in a scientific magazine of ISI degree. Therefore I email my article entitled Criminal Sanctions for Crimes against Human Rights & Humanitarian Law and I kindly request that you respond to my email as soon as possible. Id like to point out I just urgently need the printing permit and Im not in a hurry for printing the article. With regards, Mohammad reza Saki Adress: Iran Tehran- Sohravardi Street Nikan No 17 Email: mrezasaki@yahoo.com ========================================== Mohammad reza Saki Abstract From the beginning days of World War I which brought about the deaths of millions & afterwards World War II which was one of darkest eras that humanity have ever seen, the worlds liberal individuals, especially intellectuals & philosophers, to banish pains & miseries caused by the war & to fight against the stress of the all consuming war gathered in global & international assemblies to contemplate these issues and to prevent these disasters compile intentional Criminal Sanctions for Crimes against Human Rights & Humanitarian Law regulations & treaties of human rights and humanitarian law, so that minimum criteria can be set to safeguard security, freedom & dignity of mankind by the governments & rulers during the time of peace or war. Whats very important here is the execution of these international regulations & treaties because regulations, as great as they may be, cannot provide for the intentions of their legislator if they are not implemented. The issue of criminal sanctions in the international law has always been among old, disputed & complex ones among legal experts. Usually the sanctions for executing international laws & regulations lies within themselves and depending on the local & international aspect of the crime and that from what point of view it is considered, special principles are applied. In case of human rights & humanitarian law the issue of criminal sanctions is ever more important, because they safeguard global security, freedom & human dignity. Doubtlessly breaking human rights and humanitarian law need criminal sanction if have criminal title (as mentioned in many international conventions). We are trying to proceed to criminal sanctions against humans and humanitarian law respecting historical revolution and international conventions. Keywords: Human rights, Crimes against humanity, Humanitarian law, Criminal sanction, International courts I.C.C. Part one: Introduction Section one- Human rights definition According to the total international documents of human rights especially Universal Declaration of Human Rights passed 1948 and International Covenant on Civil and Political Rights passed December 16th, 1966, human rights is defined as: A collection of principles, rules and regulations which were recognized to inherent dignity and similar and irremovable rights of all participants of human rights based on global freedom, justice and peace. Details of these rights mentioned in many international documents that the most important of them are: 1- Freedom of all humans from the beginning of birth and equality in dignity and rights based on wisdom, conscience and brotherhood spirit. 2- Benefiting from all rights and freedoms in spite of race, color, sex, language, religion, belief, nationality, wealth, social condition or any other situation. 3- Right of life, freedom and private security, and forbidding slavery and torture. 4- Right of benefiting from fair judgment and referring to national competent courts. 5- Right of citizenship and asking for political asylum. 6- Equality between man and woman and necessity of strengthening family essentials, and observance of children rights. 7- Freedom of thought, conscience and religion and right of rest, entertainment and education. 8- Legacy of crime, punishment, acquaintance, prohibition of custody, imprisonment or obstinate exile. 9- The right of partnership in managing public affairs of country whether directly or by selected representatives. 10- Freedom of expression and its needed tools. Chapter two: definition of humanitarian rights According to four treaties of Geneva passed 1949 and two attached protocol passed 1977 it can be said that international humanitarian rights are principles and regulations that all countries have to obey in time of wars and international disputes. International humanitarian rights have four main principles: 1. Persons who are not, or are no longer, taking part in hostilities shall be respected, protected and treated humanely. They shall be given appropriate care, without any discrimination. 2. Captured combatants and other persons whose freedom has been restricted shall be treated humanely. They shall be protected against all acts of violence, in particular against torture, If put on trial they shall enjoy the fundamental guarantees of a regular judicial procedure. 3. The right of parties to an armed conflict to choose methods or means of warfare is not unlimited. No superfluous injury or unnecessary suffering shall be inflicted. 4. In order to spare the civilian population, armed forces shall at all times distinguish between the civilian population and civilian objects on the one hand, and military objectives on the other. Neither the civilian population as such nor individual civilians or civilian objects shall be inflicted. These principles give expression to what the International Court of Justice has called in the Corfu Channel Case "elementary considerations of humanity". Chapter two: History Chapter one: International humanitarian law At the middle of 19th century (1858) consuming war between Italy, France and Austria in Solferino which remained 40000 invalids. Henry Dunant, a Swedish merchant, (1828-1910) who saw the war and agony of many wounded soldiers, talk with many to cure them and offered two suggestion by writing a book named Solferino Memories to ease suffering caused by war which were novel at its time. 1- To establish an organization to assist wounded military personnel regardless of their nationality and belief. 2- World governments confirm principles of humanitarian law in a global social congress. In 1864, representatives and officials of different European countries set a meeting in Geneva and formed international Committee of Red Cross. 26 countries agreed with this holy purpose which was helping war refugees despite of their nationality. After World War and experiences from its abundant losses, four Geneva conventions were adopted as following: 1- First Convention: on the care of the wounded and sick members of armed forces in the field passed June 12th, 1949. 2- Second Convention: on the care of the wounded, sick and shipwrecked members of armed forces at sea passed June12th, 1949. 3- Third Convention: on the treatment of prisoners of war at same date. 4- Fourth Convention: on the protection of civilian persons in time of war at same date. There was no point about direct war operations and no regulations were passed about war rules and their limitations in using weapon or the persons should be safe during war and protected places and just care about ones left war or were captured by enemy. Geneva treaties were dedicated to international wars whereas Nations freedom from foreign colonization and local autocracy formed disputes in current era that are not international and counted as a local dispute which their victims need protection. To solve mentioned defect a conference set in 1977 in Geneva and two protocols were passed as attached protocol to fourteen treaties. These two protocols solved the mentioned problems especially confirmed principles about protecting civilians and accurately explained soldiers standards from civilians. Section two- The Universal Declaration of Human Rights After confirming disability of nations society, a conference were set in April 25th , 1945 in San Francisco according to the previous invitation of united states, Soviet Union, England, China and France with 50 nations represented and was continued until June 26th. Charter of United Nations was signed in that conference and gave executive power at October 24th. Charter of United Nations as a constitution of United Nation Organization consists of a preamble and 111 articles and an annex include 70 articles which are about international Court of Justice. According to the article 7 of the charter, major pillars of United Nations are: 1- General assembly 2- Security Council 3- Economics and social council 4- Trusteeship council 5- international court of justice 6- secretariat. According to articles 62, 66 &68 of charter, Economic and Social Council (Ecosoc) is liable to perform studies and providing reports about international affairs concerning economical, social, cultural, educational, hygienic and other concerned affairs, suggestions for real respect to human rights and freedoms, setting international conferences and commissions for economical and social affairs and promoting human rights are among the councils obligations. According to the article 68 of united nations charter and declaration No. 5 dated 1946 of Economic and Social council, Human Rights Commission were established. Collection and settlement of Universal Human Rights Declaration was the first and most important act of this commission which was passed in general assembly of United Nations in Paris and includes a preamble and 30 articles. Human rights declaration in spite of its historical and political importance, does not have legal credibility because neither have performance guarantees about itself nor other countries. Section 3- International covenant on civil and political rights Respecting that Universal Declaration on Human Rights does not have performance guarantee and comprise generalities that need interpreting, the Human rights commission decided to assemble another covenant to obviate these problems and plan a draft about civil and political rights and refer to the general assembly of Human Rights Organization. General assembly inspect this draft and another draft about international covenant on civil and political rights article by article from 1955 in many sessions and finally in December 16th,1966 passed them together with optional protocol which is the annex of civil and political rights. These two covenants contain all principles published in universal declaration of human rights. Eventually add more descriptions and alterations. The international covenant on civil and political rights was signed in April 1968 by Iran representative and approved by Iran parliament in 1975. The covenant includes a preamble and 53 articles. In article 28 of the covenant foundation of human rights committee was anticipated to investigate peoples and governments complaints in special formalities and the human rights committee judgments is just a declaration and have not performance guarantee. Part two: crimes against human rights Chapter one- criminalization in Iran law Local crimes are those breaking human rights and are criminalized in local law of countries and assigned a punishment for them and in fact human rights mentioned in international declaration on human rights and other international documents grant a performance guarantee to them. International provisions and treaties in a field of criminalization of human rights crimes are declaring role in most cases and referred to the local rights of countries to predict a proper performance penal guarantee according to the local law. Local laws and provisions of Iran are full of such regulations that some of them are mentioned here: 1- Prohibition of arbitrary arrest: in accordance with article 575 of Islamic punishment law whenever judicial authorities or other officials responsible issue a detention, arrest, penal pursuit or conviction orders contrary to law, will be sentenced to permanent discharge of judicial position and deprivation from governmental jobs for 5 years. 2- Prohibition of torture: according to the rule 38 of constitution any kind of torture to give confession is prohibited. Forcing people to bear a witness, confession, or oath lack value and credit and violating this principle will be punished according to law and article 578 of Islamic punishment law account torturing to give confession as a crime and in addition to punishment or mulct, 6 month to 3 years of imprisonment will be issued for the doer and director of it. 3- Prohibition of overhearing and exploring phone conversations and dispatching correspondences: according to the article 582 of Islamic punishment constitution these acts are criminal and the doer will be sentenced to one to three year of imprisonment and cash penalty. 4- Prohibition of violating peoples respect: according to the articles 516,517 and 608, any kind of malice attempt, aspersion and swearing at someone is prohibited and punishment is accounted for them. The former Human rights Commission and current Human rights council of United Nations Organization sentenced Iran for breaking human rights on the basis of sent reports from countries and special representative of commission and currently a resolution has passed against Iran in general assembly of third commission which more indicates religious rules in Iran law. Chapter two: Criminalization in international rights International crimes against humans are those crimes that are mentioned in international documents and different treaties which the most important ones are: 1- Prohibition of slavering: according to the complementary treaty in prohibiting slavery and dealing in slaves and other similar acts which was passed in September 1956 and Iran joined to it in 1958, slavery means a person condition which is deprived completely or partly from powers resulting ownership right and the slave is a person in such situation. In accordance with this treaty any kind of trade and transportation of slaves by any means is prohibited. 2- Prohibition of compulsory labor: according to written agreement No.29 & 105 of international labor organization passed 1957, compulsory labor was nullified as follows:compulsory or forcible labor is work or service that is imposed to the worker without his will and by threatening to punishment. However compulsory military service and labors resulting from competence court sentence or force majeure like war, flood and etc. were excluded. 3- Prohibition of genocide: general council of United Nations organization approved an international treaty about genocide prevention in 1946 that Iran government joined to it and got a legal aspect by parliament approval. According to the treaty genocide was prohibited and ones who commit this crime are regular (not political) guilty, and not only committing this act is a crime but also taking part, starting, collusion and direct instigation to commit a genocide are punishable and criminals will be call up to competent local courts or International Criminal Courts. 4- Prohibition of Apartheid: International treaty on any kind of apartheid approved by general council of United Nations in December 21st, 1965. Any kind of distinction, restriction, prohibition or priority on the basis of race, color or national and ethnic origin is rejected. According to this international treaty, the contracting governments should legally announce any spread of thoughts about hegemony or racial antipathy and intrigue to apartheid as punishable crimes. To perform this convention, Iran parliament passed a punishment of apartheid law in 1977 and penal servitude up to 6 month and pecuniary penalty to the doer of this crime or any other assistance to apartheid acts. International convention about apartheid punishment prohibition passed 1973 which was approved by Iran parliament in 1984, also define apartheid as a crime and asked contracting countries to pass regulations and adopt personal measures to punish peoples and groups commit this crime. 5- Remove discrimination against women: the convention of removing any kind of discrimination against women passed by a resolution 34/180 of general council of United Nations in December 18th, 1979 and got performance guarantee in September 3rd, 1981 after 30 day from valediction of 20th annex document. In article one of the convention discrimination against women means consider any kind of distinction, exception or limitations on the basis of sex which has destructive effect on recognizing womens human rights and their fundamental freedoms and enjoying from their rights equal with men without considering their marriage situation in all political, economical, social, cultural, civil and other fields. In article two of the convention, member governments obliged to adopt legal measures including enactment of proper performance guarantee, and to gain guarantee and assurance about women protection against any kind of discrimination by competent national courts and other public institutes. In article six, governments are obliged to adopt any appropriate measure to announce that any deal on women and profit by their prostitution is prohibited and enact a law about this. Many countries including Iran have not joined to this convention. Part three - penal performance guarantee Chapter one - public penal performance guarantee As discussed in public crimes part, many of countries adopt a penal performance guarantee to crimes against human rights and according to the local law announce such crimes as a punishable ones which previously mentioned some of them. Chapter two international penal performance guarantee As we said, international treaties that countries joined them are referred to the local authorities to guarantee essential regulations about human rights in accordance with local laws and punish ones who break them. But it was not enough and in cases that countries break human rights by themselves or comply with human rights violator the only solution is to encounter internationally by international authorities: Section one United Nations Organization Security Council Articles 1, 55 and 56 of United Nations Charter assign a duty of development and encouragement to respect human rights to the United Nations and according to the article 3 of charter, Security Council is responsible to protect international peace and security and in performing chapter seven of the charter, Security Council of United Nations can adopt punishments against any measures that threaten international peace and security (including glaring break of human rights) including political boycott up to martial measure. Additionally, as we said, they can refer the issue to the international penal courts. Section two Human Rights Council of United Nations Organization In final deed of summit meeting conference in 2005, summit of countries asked general council of United Nations to assign issues about obligations, union, membership, method of work and constitution of Human Rights Council in comprehensive and clear negotiations at 60th meeting of general council. To perform summits request, the president of 60th session of general council of United Nations (Jan Eliasson) assign ambassadors of Panama and South Africa to manage unofficial meetings and counsellorship among members of UN about Human rights council and many countries investigate various issues relevant to council in 30 session of counsellorship. After carrying unofficial sessions between members of UN, finally draft of resolution of establishment of human Rights council procured by president of meeting. The resolution put to vote in March 15th, 2006 by the request of United States board and passed by 170 positive and 4 negative (United States, Israel, Marshall Islands and Paalu) and 3 blank vote. Due to paragraph 6 of resolution, Human Rights Council should assume the responsibility of all powers, obligations, responsibilities and affairs of human rights commission. The council has 47 members that are selected by direct vote of majority of general council which has 13 African members, 13 Asian members, 6 members from Eastern Europe, 8 members from Latin America, 7 members from Western Europe and other countries for three year. (Iran polled 58 positive votes and could not be selected from Asia.) It was mentioned in the resolution that Human Rights Commission will be dissolved officially in June 16th, 2006 and the Human Rights Council will be open. It is mentioned in paragraph 6 of the resolution that the council should prevent human rights breaking by conversation and cooperation and immediately act against emergency situations. Section three European Court of Human rights European convention of Human Rights is the core of customary system of European council in field of human rights. The importance of this convention can be inspected in some aspect: this convention is the first complete and comprehensive worlds treaty in this field and also established the first international procedural system for investigating private complaints and first international court to investigate human rights issues. European convention of Human Rights which is the most important convention procured by Europe Council considering its content and managing method, has the brief name of Europe convention to protect Human Rights and essential freedoms. The convention was adopted by 15 members of European Council in November 4th, 1950 in Barberini Palace with presidency of Count Sforza. This convention is a result of agreements formed after World War II. The binding limit of convention was official assignment of ten members. France that had motive power in compiling the convention approved it at May 3rd, 1974, England in May 8th 1953 and Norway and Sweden and Germany in 1952, Ireland, Greek, Denmark, Island and Luxembourg in 1953 and the last approval was in association with Sarre in September 3rd 1953 which made the convention indispensible. (the France incumbent minister declared that creation of Europe Economic society existence, Algeria war and lack of interest in France governmental administrations to change their habits by a foreign authority were the reasons of delay in passing the convention.) The European countries parliaments have approved European convention of Human Rights in June 28th, 1944. Three major factors in improvement of the convention are: First: reply to roughness happened in Europe during World War II. Second: believing that the countries respecting human rights do not usually attack their neighbors. Third: the best method to be assured from Germany as a power to form peace along with France, Britain and other governments of Western Europe by regional union and institutionalization of public values. This method was accurately contracting with penal and reprisal approach which was mentioned in Versailles 1919 treaty. European Convention on Human Rights is the first international human rights deed which protects civil and political rights and act as an obligatory treaty for parties. The first part of convention which contains articles 2 & 18 mentioned rights and freedoms that are protected by convention . Some other rights are mentioned in attached protocols that the most important of them are rights of peaceful enjoyment of one's possessions, rights of education, right of fair and free election and prohibition of punishment. 14 protocols have been added to European Convention on Human Rights. Second part of the convention which brings about protocol 11 talk about trial procedure, way of selection and dismissal of judges and such affairs while introducing European Court for Human Rights. The idea of benefiting from a an regional international court to protect human rights in Europe mentioned in a negotiations about European Convention on Human Rights by Winston Churchill, the representative of England, in first counseling meeting in August 17th, 1949. European Convention on Human Rights comes to a new period of its life by indispensability of protocol 11 in 1998. At that point the double stage system of controlling performance which consists of investigating complaints by a commission before court investigation changed to a single stage investigation. It means that European Court of Human Rights will investigate the complaints about violating rights and freedoms mentioned in European convention. The European Court will give consultation in legal issues connected to European Convention on Human Rights. This court replaced the court which was established at 1959 and start investigating complaints along with European Commission on Human Rights (as a public prosecutors office). The European Court of Human rights is settled in Strasburg, France and consists of general assembly which has not judicial role, judges committee, offices and high branches which have judicial role. The responsibilities of general assembly are selection of court president and one or two vice president for a three years period, establishments of offices for a certain period (3 years according to paragraph1 of article 25 of court constitution) and selection of court offices manager that can be selected again. The trinary committees consist of three judges who are selected periodically from offices judges are responsible to perform proper investigations about pronounced complaints. The courts offices consist of 7 judges that are competent in investigating complaints and are consider as a general authority. High offices of court consist of 17 judges that have only one office. To preserve unity in judicial orders, the responsibilities of the high office are: 1- Investigating personal and governmental complaints that are assigned to European Court. If the responsible office face an important issue about convention interpretation or attached protocols or the offices decision was in contradiction to one of the previous orders, the mentioned office can refrain from investigating until does not issue an order in favor of high office. 2- Appeal investigation of different offices orders. Relying on article 43 of convention, each part of case is allowed to in 3 month from the date of order, present his appeal investigation request to the high office. In such cases, a 5 member board consisting high office judges will investigate the case and will accept appeal complaint if they found it as an important issue and will refer it to court for decision making. 3- Relying on article 47 of convention, the ministers committee can inquire court decision in connection with interpretation of legal affairs of convention and its protocols. Chapter four- International criminal courts Section one- Particular and temporary international penal courts These courts formed after international wars and quarrels which were a threat against universal peace and security and they have investigated war crimes and mankind offences. These consist of: 1- Nuremberg trial This trial tried principal criminals in Europes battlefield and it had eight members, it means each of these countries; the United States, England, France and Union of Soviet Socialist Republic; recommended a Member Home and a Member of the allowance and the indictments were issued by a committee which was consists of the four countries lawyers. In October 1945 the mentioned committee issued an indictment against the 24 senior military officers. The court sessions held at the November 4th and after 216 sessions, the final days activity held at the August 31, 1945. The trial issued 12 death penalties, 7 imprisonment and 3 guilty verdicts and between the eighteen defendants who were charged for crimes against mankind, just tows of them were acquitted. 2- Tokyo trial This trial was due to Tokyos charter and this was enclosed the General MacArthurs deceleration and it tried the principal criminals. In April 29, 1946 an indictment was issued against 28 Japanese and in consisted 55 accusations that the 53 to 55 items were about other war crimes and the crimes against humanity. The tribunal began in May 3, 1946 in Tokyo and it issued an order and the defendants were sentenced as follows: 7 people sentenced to death penalty, 16 to the life imprisonment, a person to 20 years imprisonment and another one to 7 years imprisonment. 3- Trials of Allied Control Council Considering that the Germany was occupied by the Allies, the formed a control council to govern the countrys open affairs and according to the Act I issued at December 20, 1945(which was not accounted as an international document unlike the London and Tokyo charter and it could be executable only in Germany); the martial court held by the Allied to try the war criminals and the USA issued 450 death penalties, the UK issued 240 death penalties, France issued 9 and the Union of Soviet Socialist Republic issued unknown number of penalties. 4- The former Yugoslavia and Rwandas tribunals The two tribunals constitutions approved in 1993 and 1994 by the UNs Security Council to investigate the crimes that had been committed in the former Yugoslavia and Rwanda. In the two courts constitution, the crimes against humanity were mentioned and because these courts like former courts were not held by the victorious government, were more precisely accounted as an international tribunal and due to the importance of this matter, we briefly mention the story these of tow courts: a- Crimes against humanity in the former Yugoslavia After the collapse of USSR and the liberation activities in the East Bloc countries like the former Yugoslavia, the independence of Croatia in 1991, the independence of the Bosnia Herzegovina in 1992; the wars between different groups started and the Serbs in Croatia and Bosnia with the help of Serbia and Montenegros army started an extensive invasion to separate the Predominantly Serb areas in the two new independent governments and they attempted to form a greater Serbia. In the summer 1992, few months after the outbreak of war the first reports for mankind crimes especially sexual crimes against others and mostly Muslims were reported. In the October 1992, following the extensive release of news about the Bosnia and Herzegovina war, the UNs Security Council issued the Resolution 780 and it attempted to form the Commission of Experts to investigate the violations of Geneva Convention and violations of international humanitarian law in Bosnia. The Experts Commission eventually held an international penal court to try the war criminals in the Former Yugoslavia due to UNs Resolution 880. This resolution was submitted to UN in May 3, 1993 and the courts constitution was unanimously approved in May 25, 1993 due to Resolution 827. Mr. Richard Goldstone the South African citizen was appointed as attorney and issued the first indictment against Dragan Nykvlych whom was the camp commander at horrible Svsyka. The duty of the court was to handle war crimes, genocide and crimes against mankind. b. Genocide and Sexual Violence in Rwanda Since 1990 Rwanda is witness of the worst genocide from the ruling dictator was Habyarimana and his wife. This regime ruled in late 1990 by joint military occupation by France and Zaire and from the beginning, it began its efforts against the Tutsi minority that have ruled the country before. These efforts intensified in early 1992 and since then several measures had been taken for the destruction of all of Tutsi races and those people of Hutu tribe who are against the ruling regime or were helping Tutsis. In mid 1994 about half of Rwanda's population had been killed or they had left the country. In the middle of 1994s genocide in Rwanda, this countrys women (which were mostly Tutsi, their advocators or they had a Tutsi husband) were about to sexual harassment from militia, army (including the Presidential Guard) and the ordinary people. In April 6, 1994 the president Habyarimanas aircraft crashed in Tanzania when they wanted to come back from a peace conference and subsequently the RPF was overthrown. After 3 weeks of the Ugandas president air crash the unofficial reports showed that about 200 thousand people were killed in Rwanda so in April 29,1992the UNs Secretary General, in a letter attracted the Security Council to this problem. Under the Resolution 995, the UN pointed to duties that they have, according to the 7th chapter of United Nations charter and mentioned the request of new government of Rwanda dated on December 28, 1994 during which they requested an international tribunal to try criminals; they held a tribunal by the name of international criminal court to pursuit the criminals of genocide and serious violations of international humanitarian law. And to chase the other Rwandans nationals who are guilty for genocide and the other violations of these kind in neighboring countries between the January 1, 1994 and December 31, 1994. Under the Resolution 148 dated on February 21, 1995 the Arusha in Tanzania was designated as the seat of the Court and the Court started its work in The Hauge by holding a meeting between the eleven judges. The court prosecutor here also was Mr. Richard Gold Stone. The Rwanda tribunal held the first session in Arusha in the 8th of January 1996 and the first indictment was issued in December 12, 1995 and generally 21 people in 13 indictments were charged. Court judges of Rwanda in the 24 and 25 of May 1995 were chosen for 4 years by the UN General Assembly which is six people from Sweden, Senegal, Bangladesh, Russia, South Africa and Tanzania. Members of the Appeals Court are also from the Italy (the head), Canada, china, Australia and Nigeria . Section 2- International Criminal Court UN General Assembly had followed the establishment of an international criminal court since 1989, by the countries participating in the Rome Diplomatic Conference, which 160 countries gathered, could unanimously approve the constitution of establishing the international criminal court in the June 17, 1988. The constitution consists of 128 Articles that due to the Article 126 the first day after passing sixty days from the day of approval, acceptance, agreement or incorporation the sixtieth government of the sixtieth government is indispensible. So far, 139 governments including Iran sign the constitution and it was open until December 31, 2000 in New York in UN for governments signature. Now 99 countries that Iran is not one of them approved the constitution. The official name of the constitution is Rome constitution about founding International Criminal Court. On the preamble and Article 1 of constitution, it is asserted that the International Criminal Court will complement national criminal courts which means only if the competent national tribunals are not able or willing to handle the crime of the constitution. According to Article 5 they are qualify to investigate 4 offenses: 1. Genocide( massacre) 2. Crimes against humanity 3. War crimes 4. Aggression According to the paragraph 1 of Article 7 , the mentioned crimes against humanity in this constitution includes the following detailed exercises, once in the framework of a massive or organized attack against civilian population and by knowing it, they commit the crime. a. Murdering b. Eradicating c. To get slavery d. Imprisonment or making severe deprivation of physical liberty that is done unlike the basic rules of international law. e. To torture f. To rape, making sex slaves, forced prostitution, forced pregnancy, forced sterilization, or any other form of sexual violence similar to them. g. Chase and continuous harassment of any group due to political, racial, national, tribal, cultural, religious, sexual reasons or other reasons related to the aforementioned acts or any crime under the Tribunal jurisdiction that is forbidden according to international laws all over the world. h. Forced disappearance of people i. Crimes of racial discrimination j. Similar inhumane acts that intentionally done to create huge pain, severe damage to body or to mental and physical health. Due to paragraph 2 of the Article 7 of constitution, the purpose of interpretation used in the first paragraph is described in detail which includes: a. Widespread or organized attack against any civilian population: A behavior that repeatedly committing any of the acts mentioned in paragraph 1 against any civilian population that pursue the to promote a government or an organization policies to carry out these kinds of attacks. b. Eradicating: Includes the public impose of certain conditions of life like denial o f access to food and medicine in order to exterminate part of a population. c. To get slavery: Authority to exercise property rights over human and include the actions to have the authority to buy and sell human beings, especially women and children. d. Expelled or forced migration: Forced relocation of people and to expel or other violent acts from a region that they are legally there without permission of international law. e. Torture: Intentionally inflicted severe pain or suffering physical or mental pain on the person that is in custody or under control, unless the torture is due to legal punishment. f. Forced pregnancy: Illegally incarcerate a woman that she is pregnant by force in order to influence on ethnic composition of a population or the other flagrant violations of international law. This definition in no way should be interpreted so that it affects the national legislation related to the pregnancy. g. Chase and continuous persecution: Intentional and severe deprivation of fundamental rights against the international law because of the group, or set identity. h. Racial discrimination crimes: Committing inhuman acts which were mentioned in Paragraph 1 that is institutionalized by a regime and regular pressure and domination by a group of ethnic group on other groups in order to preserve the regime. i. Forced disappearance of people: Arrest or detention or abduction of persons by a government or political organization or with the permission or consent for their support and then refusing to admit the persons deprived of liberty or refusing to give information of the fate of their existence or location of them by the intention of removing them from law protection for a long time. 3. In this constitution the meaning of reforming gender is a concept that refers to male and female gender. Gender reform will not indicate any other meaning except the above meaning. Due to Article 77 of the constitution, the Court can sentence persons to following penalties, for committing the mentioned crimes in Article 5: a. Imprisonment for certain time which is not more than thirty years. b. Life imprisonment provided that the importance of crime as well as the circumstances of the guilty require another penalty. According to the criterion that the regulations prescribed by the Court proceedings and evidence, also a fine should be collected. c. Income and property which is obtained directly or indirectly from committing the crime should be restrained without damaging the third partys rights and with good faith. Due to the Article 75 of the constitution the loss victims is also predicted. As has been said the jurisdiction of Court is complementary and merely investigate crimes of individuals (regardless of their occupation and position) that according to permanency of the Court in comparison with other courts (The former Yugoslavia and Rwanda) it is considered as a promotion for ensuring criminal investigation of human rights rules and because some countries have not joined the Courts constitution, the universality position of it, is questioned and in practice, it has not still done a remarkable act but it fills a major void of realm of international law. Although the International Criminal Court is an independent corporation and it is not dependant to any other agencies or international organization, in Article 13 of constitution, it is estimated that in addition to a Member state and an attorney, the UN Security Council can refer to the courts prosecutor situation in which one or more crimes have been committed, according to chapter 7 of UN charter. If the UN refer the situation to the court, it is not important that the wanted person is a member of a government which accepted the courts jurisdiction. Because in the Article 7 of constitution in other references is subject to two conditions: 1- The country that is a member of constitution thereby accepts the courts jurisdiction about the crimes mentioned in Article 5. 2- In the Article 13 type a or c (request of a member or courts prosecutor) the court can exercise its jurisdiction only if the crime committed in a members territory or in its ship or airplane or the person which is under prosecution is its nationals but this conditions do not exist about Security Councils reference. According to Article 16 if a resolution issued by the Security Council about the implementation of charters chapter 7 and ask the Court to suspend an investigation or a prosecution; none of them can begin or continue due to this constitution for 12 months. It is observed that the Security Council has the right of intervention in referring or impeachment and in suspension of investigation or prosecution which is considered as an indirectly dependence on Court of UN and Security Council. Discussion & Conclusion International community focused on preserving human rights either in peacetime or during war and it considered various actions and measures to preserve and protect these rights. World Wars and the international and domestic conflicts, combined with severe and grave human rights violations, it required the necessity of creating a criminal organization and forming an International Criminal court is an answer to this essential needs of international community. This trial which is the legacy of past temporary and special courts like Nuremberg, Tokyo, the Former Yugoslavia and Rwanda; is still in the beginning and many countries have not signed it yet more patience is required for success. Many countries still are insisting on locality of crimes and they have difficulty with the universal jurisdiction of the Court, especially where they should deliver their citizens to the International Criminal Court. Despite these it seems that in future the world will be uniformed, International Criminal rules will be global. The sample model of European court of human rights due to its success will be a help for another areas and a day will come that no human rights criminals in any part of the world would not have security. 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E.٫ and O̕ SULLIVAN٫E.٫Practice and Procedure of the International Criminal Tribunal for the former Yugoslavia(Kluwer2000). 2- ASKIN٫ K. D.٫War Crimes Against Women: Prosecution in International War Crimes Tribunals (Martinus Nijhoff,1997). 3- BASSIOUNI, M.C. Legal responses to International Justice: Identifing International Procedural Protections and Equvalent Protections and in National Constitutions (1993) Duke J. comp. Int ̕1 4- CHADWIK,E.,Self-Determination,Terrorism and the International Humanitarian Law of Armed Conflict (Martinus Nijhoff,1996). 5- FOX, H., The objections to the Transfer of Criminal Jurisdiction to the UN Tribunal (1997) 46 Int ̕1 Comp. L. Q. 434 6- DIXOW , R., ̒Developing International Rules of Evidence of the Yugoslavia and Rwanda Tribunals̕ (1997) 7 Transant ̕1 L. Contemp. Probs. 81. 7- GINSBURG , G. and KUDRIAVTSEV,V. N. 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