القيود القانونية لتحريك الدعوى الجنائية ضد القادة و الرؤساء : دراسة في نظام روما الأساسي

الملخص EN

The Rome Statute of the International Criminal Court (ICC) of 1998 provides the prosecutorwith the jurisdiction to iniate criminal proceeding against the perpetrators of International crims within the jurisdiction of the Court.

Such action shal be initiated either on the basis of the referral from a State Party to the Statute of the International criminal Court or non-parties if itdeclares acceptance of the jurisdiction of the Court, or on the basis of the referral from the Security Council or on its own initiative on the basis of the information available to it.

However, the prosecutors power to initiate Criminal proceedings faces many obstacles that limit its effectiveness.

The researgh attempts to shed light on these obstaclesand to determine the extent to which they prevent access to the desired International Criminal justice, especially to those whi have seriously caused the crimes of International leaders and presidents, and what are the effective solution to avoid these obstacles and enable the prosecutor in the court To carry out its role to the fullest.