تطوير آليات التعاون بين المحاكم الوطنية و الدولية في نظر القضايا الدولية الخاصة بالقانون الجنائي الدولي

Abstract EN

The importance of the judiciary lies in the fact that the foundation of society is dependent on the premium and justice it represents, and the direction of the people in recovering their rights and protecting them from any violations that may occur to them, thus the importance appears in organizing the mechanisms of litigation internal ly and internationally in a manner that ensures the optimal application of the rules of the law in order to protect the edifice of the judiciary from everything that may marred by an imbalance in justice.

the idea of joint cases' consideration between national and international courts is only with international criminal law cases, because any issues related to states and their sovereignties are outside the jurisdiction of the national courts, as they look before the international court of justice, which is the judicial organ of the united nations.

the judiciary may conflict between international and national rules, and that the judiciary may clash as a result of upholding the sovereignty of the state, or it may cooperate in achieving justice in punishing international crimes or human rights viola tions.

the importance of developing litigation mechanisms between both the national judiciary and the international judiciary lies in preserving the human rights norms from any violation that may be committed against them, and states seek to enhance cooperation between their internal rules and international rules in this regard, they are obliged to apply the mechanisms of cooperation with the international judiciary in order to maintaining basic human rights and ensuring not to breach them in a way that may threaten international peace and security, as well as the importance of focusing on punishment for prevention and deterrence, and seeks to achieve justice more than it seeks to uphold its sovereignty, even if it was a matter of equal importance, countries have sought to establish principles of cooperation between the national and interna tional courts from several sides, whether by introducing these rules in their national legislation, or by applying the rules of international criminal law before their national courts, or by giving this jurisdiction to the international criminal court.