مبدأ عدم الاعتداد بالصفة الرسمية و الحصانة استنادا للنظام الأساسي للمحكمة الجنائية الدولية و أهم التحديات المواجهة له

الملخص EN

The principle of non-respect of immunity and official capacity is one of the most important solutions that the Statute of the International Criminal Court has resorted to intent to prosecute all those involved in the embodiment of these acts that fall within its competence, whether he is a civilian official or a military leader, or even whoever enters his rule; rather, immunity does not constitute a reason for mitigating punishment, and the adoption of this principle has faced many difficulties, most notably, the countries concerned with referral decisions hold the priority of applying their national judiciary to military chiefs and commanders, in addition to withholding responsibility from many people for attaching these actions to the responsibility of their superiors, which led to the adoption of the theory of science in the surrounding circumstances.