النظام القانوني لجريمة الإبادة الجماعية في ضوء النظام الأساسي للمحكمة الجنائية الدولية وانعكاساته على نشاطها العملي

Abstract EN

The definition contained in the 1948 convention for the prevention and punishment of genocide regarding the crime of genocide was adopted literally without modification or change in article (06) of the international criminal court statute, and with this literal adoption some legal loopholes included in this definition, which are mainly represented in the failure to include some important terms in this definition or the ambiguity of some of them, which constitutes legal obstacles to the ICC in exercising its substantive jurisdiction over the crime of genocide.

despite these and other legal obstacles, the ICC addresses the crime of genocide in several cases, the most important of which is the case "Darfur region in Sudan", which we have mentioned in this study as a model for the court's practical practice in this regard.