عدالة الإجراءات الجنائية أمام محكمة الجنايات الدولية

الملخص EN

The permanent violations of human rights in various regions of the world made it imperative for the international community to seek to establish an international judicial apparatus to punish the perpetrators of their infringement, and as a result of this, states agreed at the Rome Conference in 1998 to establish an international criminal court that would have jurisdiction over human crimes and how to follow up and punish the people causing it.

The importance of the study lies in the fact that the subject of the defendant’s guarantees before the International Criminal Court has not yet taken his right from an in-depth study, whether from Arab or foreign jurisprudence, despite its great importance, especially after the increasing resort to judicial settlement.

As most of the international conflicts have become the matter of its ruling being transferred to the international judiciary, whether in peace or war.

The research aims to provide an objective analysis and evaluation of the substantive and procedural guarantees enjoyed by the accused before the international criminal court, in addition to shedding light on the obstacles to the legal protection of the accused in international crimes stipulated in the Rome Statute of the International Criminal Court.

The problem of the study presented is what are the guarantees granted to the accused before the International Criminal Court to achieve a fair trial, since the accused is the weak party in this equation, as he is being tried in a region other than his own, and before international judges, and he may not be allowed to seek the defense he wants.

In order to achieve the objectives of the research, address the problem, answer the essential questions related to it, and take into account the nature of the topic, the researcher will use in his study the descriptive analytical and comparative method, which is based on a description and analysis of the legal guarantees established for the accused before the International Criminal Court and its evaluation, in order to come out with the results and present a set of recommendations that are made.

It addresses deficiencies in the Statute of the International Criminal Court.

The research has been divided into two sections, where the first topic deals with the International Criminal Court and fair trial guarantees in terms of origin and jurisdiction, and the second topic is devoted to reviewing guarantees of impartiality and independence regarding the relationship of the International Criminal Court with the Security Council.