مبدأ قانونية الجرائم و العقوبات و تطبيقاته في القانون الدولي الجنائي

Abstract EN

The legal principle of crimes and punishments is the product of a long historical development.

For its social and political importance, its protection for the offender and the victim as well as achieving a balance between the individual and society, it has been stipulated in international and regional human rights treaties and in the constitutions and laws of penalties of countries.

As it became indisputably one of the most important national, regional and international principles recognized as a means of protecting the human rights from persecution.

Under this principle, the act, whether negative or positive, do not acquire decriminalization only by the provisions of the Penal Act, provided that the text of the term has been issued before the commission of the act, even if it is incompatible with the rules of morality, religion or justice or was harmful to society.

Accordingly, all other sources such as conventions , the principles of natural law or the rules of justice shall be eliminated.

The drafting of criminal legislations shall be precise and clear.

When some crimes are described as an International .

They have the Criminal description out of international criminal law.

The provisions of this law differ from those of national criminal laws as a nascent law.

As there is no a legislative authority at the international level to pass legal rules of criminal .

Thus, it is born from the womb of human suffering, including the accumulation of customs, traditions and conventions related to war which it soon turned into a collective treaties, that did not take into account the application of a legal principle of crimes and punishments by the concept applied in the national criminal laws, and this lead to a breach of international criminal justice.

Therefore, it is necessary to establish legal criminal system that is more effective in terms of reporting the general criminal principles and identifying the elements of international crimes and assets of investigation, trial, sentencing and execution of judgments in accordance with considerations of the international community of an international criminal legal system.