أحكام المحكمة الجنائية الدولية و جدلية الشرعية و السيادة الوطنية

Abstract EN

In view of the fact that the international criminal court is an international judicial body that undertakes the promotion of justice and equity and the application of individual criminal responsibility to the perpetrators of international crimes, a major problem arises about the effectiveness of the provisions of the international criminal court.

court and the effectiveness of its rulings.

through the study, it became clear to us that in return for the commitment of states to cooperate, there is a kind of responsibility that may result when it is not fulfilled, and this responsibility is determined by the concerned bodies, whether at the international level such as the security council or at the scope of the international criminal court such as the assembly of states parties.

the non-cooperation also results in the failure to apply international law to those who violate its provisions and the failure to implement the necessary punishment when sentenced.

the study concluded with the necessity of urging states to exert more cooperation with the international criminal court in all the cases it considers and not to invoke the fact that some cases fall outside its jurisdiction, because these crimes that fall within the jurisdiction of the court affect humanity and humanity as a whole and shake the roots of the international community.

it is also necessary to work on amending the statute by abolishing the authority of the security council to request a 12-month moratorium on the initiation of the investigation, because this obstructs the court and prevents it from performing its functions in a manner that achieves international criminal justice.