مدى التزام الدول غير الأطراف بتقديم الأشخاص للمحكمة الجنائية الدولية

Abstract EN

This study aimed to identify the extent to which non-party states are obligated to submit persons to the international criminal court, by identifying the arguments of trends in favor of the obligation of non-party states to submit persons to the international criminal court, and the arguments of trends opposing the obligation of non-party states to submit persons to the international criminal court.

in this study, the descriptive-analytical approach is based on the analysis of all international agreements and decisions related to the subject of the study, perhaps the most prominent of which is the Rome statute of the international criminal court of 1998, the study reached many results, most notably that the 1969 Vienna treaty (the relativity of the effect of treaties), (the principle of the authority of the will, the principle of consent, the principle of equality in sovereignty between states) is one of the most prominent legal principles on which the opposition trend was based, and the protection of national security is considered and that national law prohibits cooperation, and the existence of international accounts and interests, among the most prominent objective principles on which the opposition trend was based as well, and the legal principles of the supportive trend are based on the charter of the united nations in accordance with chapter vii, the four Geneva conventions, and the first additional protocol to the Geneva conventions, the customary principles of the favorable trend are also based on the need for international cooperation due to the seriousness of the crimes regulated by the Rome charter, and the difficulty of combating them by states individually international criminal.