تأملات قانونية في التحديات التي تواجه التحقيق الدولي بالجرائم في أفغانستان : تحليل موقف للسريان المحتمل لقانون حماية أعضاء الخدمة الأمريكية لعام 2002

Abstract EN

This paper focuses on an important topic related to the legal challenges facing the international investigation of crimes in the International Criminal Court after the agreement on investigation in Afghanistan.

It examines the possibility of activating and enforcing the law protecting American service members, legislated by the US Congress, Law No.

107-206 of August 2, 2002.

This law stipulates the protection and immunity of American citizens and employees in the International Criminal Court’s prosecutions.

The problem of the present study includes several questions related to the nature and possibilities of international prosecutions and focuses on a basic question, which is the supremacy of the Rome Convention or supremacy of the internal law of the United States of America? In this paper, the researcher came to several observations and conclusions which confirm the fact that the International Criminal Court represents a significant effort on the part of the international community to bring justice, and that it should not be overlooked or dropped due to the conduct of a single country that does not want its drive for global hegemony to be restricted.