تحديات إعمال مبدأ الاختصاص الجنائي العالمي

Abstract EN

Despite the urgent need in the universal community to devote universal criminal jurisdiction in the courts of different countries for justice requirements and not to get away of punishment; however this jurisdiction has not been adopted by many countries due to different reasons some deliberately with political will and some referred to inability to activate it for objective reasons this what we have deal with in this research.

As the implementation of this principle is intercepted to several obstacles we divided it into two categories which is a legal nature that consists of the ence of legislative unity and jurisprudence among different countries and this affects the unity of international perspective to enshrine the universality principle of criminal jurisdiction.

Thus even countries that have given jurisdiction to their judicial organs face many legal difficulties.

The second type of obstacle is practical which is an obstacle to the application of this principle starting with the initiation of judicial proceedings on his behalf and this are material and financial obstacles.

The material obstacle concerns to the difficulties of judicial work, research the difficulty of proving, collecting evidence and protecting categories of legal litigants.

Of course these difficulties are the result of the ence of political will to unified judicial cooperation.

Material and financial complexities adversely affects the functioning of universal criminal jurisdiction.