الاختصاص الشخصي للقضاء الإماراتي في الجرائم الدولية : دراسة مقارنة

Abstract EN

This article deals with the subject of personal jurisdiction included in the federal law decree no.

12 of 2017 of the United Arab Emirates regarding international crimes and how it is compatible with the provisions for personal jurisdiction in the statute of the international criminal court.

this decree specifically concerns the principle of irrelevance of official capacity and the responsibility of commanders and other superiors, in addition to specifying the extent to which the UAE legislator deviates from the rules of personal jurisdiction included in the UAE penal code.

the provisions of the statute of the international criminal court and decree- federal law no.

12 of 2017 have been identical to the extent that personal jurisdiction applies exclusively to natural persons who commit any crime that is within the scope of the international criminal court and the UAE courts and that this jurisdiction is applied to individuals after reaching the age of 18 years old.

moreover, these provisions emphasized that no individual is excluded from criminal responsibility because of his official capacity, and that the perpetrator of international crimes may not proclaim the official capacity he enjoys.

similarly, immunities or special procedural rules, whether within the framework of national or international law, do not prevent the international criminal court or the UAE criminal courts from exercising their jurisdiction over this person, whether he is the main perpetrator or a participant or has committed an international crime.

this also concerns international crime or any act involving the commission of a crime that falls within the jurisdiction of the international criminal court and the UAE criminal courts.

thus, the decree of federal law no.

12 of 2017 endorsed the positive personal principle (the nationality principle) and the passive personality principle.