نوع مقاله : علمی - پژوهشی
استادیار دانشگاه پیام نور، گروه حقوق استان قزوین، ایران
عنوان مقاله [English]
The coherence of a legal system can be classified in three degrees: 1- The system is completely coherent; 2- Legal pluralism can be occurred in a legal system; 3- The legal system experiences some degrees of fragmentation. International criminal law overlaps international law thus many concepts and institutions of international law affect it. Additionally it is a new discipline in law hence it has its own system. Thus In some subjects the conflict of norms, the obscurity in hierarchy of institutions and finding the appropriate regulation are inevitable.
For example the relationships between ICJ and ICC or relationships between the international criminal courts are obscure.
By paying attention to these kinds of problems, it can be argued that this system is a kind of legal pluralism and the fragmentation does not happen at least right now.