الاختصاص القضائي للمحكمة الجنائية الدولية

Abstract

Summary : This study deals with the subject of the jurisdiction of the International Criminal Court, divided into three main sections. The first section is the introductory chapter dealing with the historical development of the criminal responsibility of the individual through two topics: The first deals with the concept of international criminal responsibility, and to distinguish international criminal responsibility from other types of liability. The second topic deals with the basis of international criminal responsibility in jurisprudence and international criminal law and its development. The second part of the study is the first chapter dealing with the International Criminal Court and the rules of international law. It contains three chapters. Chapter I deals with the legal nature of the International Criminal Court and its relationship with the United Nations and is divided into two sections dealing with the legal nature of the International Criminal Court The International Criminal Court as a person of international law, the second dealing with the International Criminal Court as an international organization and the third dealing with the International Criminal Court as an international organization with supra-national elements. The second topic deals with the relationship between the International Criminal Court and the United Nations. It includes three demands. The first deals with the role of the United Nations in establishing the International Criminal Court. The second deals with the organizational relationship between the International Criminal Court and the United Nations. The third deals with the relationship between the International Criminal Court and the Security Council. The second chapter deals with the International Criminal Court and the substantive rules of international law. It includes two sections: the first deals with the jurisdiction of the International Criminal Court and is divided into four demands, the first dealing with the substantive jurisdiction of the Court, the second dealing with personal jurisdiction; the third dealing with temporal jurisdiction; The second topic deals with the laws applicable to the International Criminal Court and includes five demands, the first dealing with the Statute of the Permanent International Criminal Court, the second dealing with applicable international treaties and the principles and rules of international law; the third deals with the principles of international law derived from the national laws of States; Impartiality in the application and interpretation of applicable law, and deals with the complementary jurisdiction of the International Criminal Court. The third chapter deals with the International Criminal Court and the Rules of Procedure of the Criminal Code. It includes three sections. The first part deals with the proceedings of the proceedings. The first is dealt with by the State, The fourth deals with the admissibility of the case by the court. The second part deals with the investigation procedures. It consists of three demands. The first deals with the proceedings before the prosecutor, the second deals with the proceedings before the Pre-Trial Chamber and the third deals with the preliminary measures before the court. The third topic deals with the proceedings before the International Criminal Court. The second part deals with the crimes within the jurisdiction of the International Criminal Court and is divided into five chapters. Chapter I deals with the elements of international crimes. It includes four sections, dealing with the first of the legal aspects, the second dealing with the material element, the third dealing with the moral element, and the fourth dealing with international crimes. Chapter II deals with the crime of genocide, in three sections, the first dealing with the concept and characteristics of the crime of genocide, in two cases dealing with the concept and characteristics of the crime of genocide, respectively. Section II deals with the distinction between the crime of genocide and some other crimes. It contains two requirements dealing with the first requirement, distinguishing between the crime of genocide and crimes against humanity. The second relates to the distinction between genocide and war crimes. The third topic deals with the crime of genocide in the Statute of the International Criminal Court, which includes two issues, one dealing with the role of the International Criminal Court in the protection of genocide and the second dealing with the characteristics of the crime of genocide in the light of the Statute of the International Criminal Court. Chapter III deals with crimes against humanity and includes two articles dealing with the first concept of crimes against humanity, and includes the first two deals with historical development crimes against humanity, and the second deals with the definition of crimes against humanity. The second section deals with the crimes against humanity and is divided into three demands: crimes against physical integrity, crimes against freedom, and crimes of racial discrimination and other inhumane acts, respectively. Chapter III deals with war crimes. The third section deals with the definition of the war crime, the second deals with the types of war crimes, the third deals with the distinction of war crime from other international crimes, and the third includes the distinction between war crimes and crimes against peace. The second is the distinction between war crimes and crimes against humanity; the third deals with the distinction between genocide and war crimes. Chapter V deals with the crime of aggression in the Statute of the International Criminal Court and includes two articles dealing with the first definition of aggression in accordance with the amendments to the Kampala Conference. The second topic deals with the competence of the International Criminal Court to consider the crime of aggression.