ضمانات الحق في المحاكمة العادلة أمام المحكمة الجنائية الدولية : دراسة في النظام الأساسي (نظام روما 1998)‎ "الاختصاص و استقلال المحكمة"

الملخص EN

International criminal jurisdiction can be classified into several categories, military trials after World War II, the International Criminal Court (AD-HOC), the early 1990s, mixed international criminal courts, These courts are an important starting point for the establishment of international criminal justice through its report on the principle of international criminal responsibility for the individual, away from the principle of immunity and the establishment of some criminal rules to ensure a fair trial, Its lack of independence towards the UN Security Council is what it created and appoints judges and prosecutors.

The jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in terms of time extends back to 1991 and the Court was established in 1993.

It made it unable to be the appropriate judicial body to achieve international criminal justice and to ensure the rights of the accused in trial.

Fair before them.

The Permanent International Criminal Court (ICC) was established under the Rome Convention in 1998 and entered into force in 2002.

It is a permanent international organization whose mission is to monitor and punish natural persons for the most serious international crimes.

The Statute of the International Criminal Court has largely succeeded in adopting a range of legal safeguards from the beginning of the investigation and prosecution phase until the verdict is rendered.

These guarantees are fair trial standards whose origin lies in the presumption of innocence of the suspect or defendant and the ensuing safeguards Take trial action.

However, the Rome Statute has been subjected to a series of criticisms that will greatly affect the ICC's achievement of international criminal justice and the criterion of independence, namely, the independence of the Court in performing its functions for any outside influence.