العقوبة والعفو عنها في الجرائم الدولية بين الشريعة الإسلامية والمحكمة الجنائية الدولية

الملخص EN

Islamic law dealt with very serious crimes; which can be classified as international crimes; based on the intentional dimension, the penalties imposed on the perpetrators of this type of crime are set out in sharia texts, aiming to establish justice, mercy and protection of human rights.

it is the most prestigious piece of legislation known to mankind, which clarifies the rules of dealing in peace and war, deriving the strength of its application from the Muslim's faith in his lord and his obedience to his leader.

as for the international criminal court system, it seeks to pursue natural persons who commit the most serious crimes against the international community, in an attempt to impose the most severe penalties, although some of these penalties may be consistent with the provisions of Islamic law, such as life imprisonment, which corresponds to exile from the land, but they differ.

on the religious side, which is completely absent in the criminal court system, thus losing enforcement power.

as for the possibility of granting amnesty to the perpetrators of these crimes, Islamic law is one of its principles establishing the meanings of pardon and forgiveness.

as for the criminal court system, there is no room for talking about amnesty.

except for what was a matter of mitigating the sentence in accordance with criteria that the court takes into account, in order to approach transitional justice, international peace and security, and serve its interests.