موانع الدسؤولية الجنائية و أثرها على أحكام محكمة الجنايات الدولية : دراسة استقرائية لأحكام محكمة الجنايات الدولية مقارنة بالتشريع الإسلامي

Abstract EN

article aims to study the nature of criminalization and the barriers of its responsibilities in armed conflicts and war crimes in the International Criminal Court (ICC).

All these will be defined besides introducing their legitimacy, tackling some provisions of the issues in its jurisdiction.

This will also reveal the double-facet dealing with issues under ICC enforced by political and regional motivations.

The interests of dominant countries are the cornerstones in handling such issues, which clouds the judgments and switches the conviction to vindication, in addition to considering the national wealth of these countries, as benefiting from wars.

All these reduce the trust in ICC provisions, as unstable judgements.

The study points out the negative effects of diplomatic immunities granted to individuals libeled as war criminals by definition.

The study also compares the ICC provisions with the position of the Islamic jurisprudence of these immunes, and how the Islamic Sharia criminalizes anyone doing any crime, no exception.

Based on all these, the study recommends that ICC should bereformed, creating a monitoring system and double check the general prosecutor candidates to ensure his neutrality.

It is also recommended that researchers should address and investigate this topic in further studies for its great importance in establishing the legal awareness in looking at ICC provisions.