استبعاد عوائق تتبع و معاقبة مرتكبي الجرائم ضد الإنسانية

Abstract EN

In fact, the rules of avoiding impunity or ( obstacles to traceability ) refer to cases where perpetrators are prosecuted without receiving the appropriate punishment, or the cases where prosecution is not carried out.

As a matter of fact, the national jurisdiction of the State on the territory of which, international crimes are committed has the priority to prosecute the perpetrations.

However, these observation are not always efficient, for ther are some facts that led to impunity such as the status of the perpetrators of the international crime, who are often in the highpolitical or military positions in the state.

the escape of the perpetrator to a state that has no link to them leads to the termination of public prosecution because of prescription in this case the international criminal law in order of implementing criminal repression and attempting to avoid impunity has adopted cetain legal rules some of them are related to the seriousness of international crime and others are related to the status of perpetrators.

Some of the rules that are connected to the perpetrators of international crimes, such as the adoption of the pricipale of individual criminal responsibility and therefor disregarding the official status would put an end to impunity In order to accomplish this gaol, the State should be committed, in accordance with the rules of international criminal law, to hold the perpetrators of international crimes on its territory accountable, or extradite them to the requesting state, accourding to the rule of extradtion or trial.

These are often stand-alone rules, considering the nature of the international crime and the dangerousness of the perpetrators.

Consequently, the elimination of all spatial and terporal boundaries, and everything that would prevent the completion of the prosecution, should be emphasized.