اختصاص القضاء الإتحادي في دولة الإمارات بالفصل في الجرائم الدولية

الملخص EN

The Federal Judiciary of the United Arab Emirates has jurisdiction to adjudicate international crimes mentioned in the decree issued under the law on such crimes.

This jurisdiction is stipulated by the territoriality of Penal Code, the sovereignty of state and the realization of principles of regional jurisdiction, the doer’s nationality and universal jurisdiction to fulfill the court’s jurisdiction.

And since the international criminal law and the implementation of its provisions are within the jurisdiction of the International Criminal Court (ICC), the jurisdiction of such court is related to the federal court's inability or disinclination to consider the subject of the claim as approved by the statute of the International Criminal Court.

Whereas the public prosecution is the entity to file and perform the procedures of penal claims, its role ceases once a written permission is issued by the federal prosecutor to open investigations and refer the claim to a court to decide thereon.

In addition, there are restrictions and procedures for bringing proceedings before the federal judiciary in relation to international crimes, so written permission is required from the federal attorney general