THE MECHANISMS AND MEANS FOR PROCEEDING BEFORE THE INTERNATIONAL CRIMINAL COURT IN THE APPLICATION OF THE RULES OF INTERNATIONAL HUMANITARIAN LAW
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 31 part 2, Pages 1-25
AbstractThe establishment of the International Criminal Court is an unprecedented step in human history, which would create an international judicial authority to ensure the rule of international law and the application of the provisions of international humanitarian law. Attention has been paid to the establishment of such courts in recent years through international organizations, international conventions or certain UN recommendations, since the presence of the court is a Deterrent factor that may prevent the commission of crimes or think about it as the trial becomes a reality when the elements of the crime and its elements, because the existence of a judicial body is ready to initiate the investigation of crimes. The intiation of States to the Statute of the International Criminal Court is of great importance and reflects the interest of States in issues of international humanitarian law and human rights. The facts relating to a State not party to the Statute, whether the case is referred to by the Security Council, and that it is in the interest of States to be a member of the Statute for the advantages of the discussion of its articles and the opinion and participation in the amendments contained and make it more comprehensive of international crimes, we have the bodies and the organs of the Court and the mechanism to file a lawsuit and indicate the importance of joining them especially by the Arab states to ensure their interests and protect the rights of their peoplesWe divided the research into two sections, the first part dealt with the organs of the International Criminal Court in the application of the rules of international humanitarian law, which is in turn divided into four demands including every requirement of the organs of the International Criminal Court,As for the second part, we explained the mechanisms of the proceedings before the International Criminal Court divided into three demands, as we explained the parties that have the right to refer the case to the International Criminal Court.
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