سريان قانون الجرائم الدولية الإماراتي من حيث الزمان : (دراسة مقارنة)‎ مع نظام روما الأساسي للمحكمة الجنائية الدولية

Abstract EN

This research deals with the temporal validity of the statute of the International Criminal Court, compared with the temporal validity of the Federal Decree-Law No.

(12) of 2017 regarding international crimes.

The assessment is that the statute of the International Criminal Court upholds the general principle of non-retroactivity which is in force in all criminal legal systems.

It stipulates that it is impermissible to apply criminal law retroactively, and according to this stipulation, the provisions of the Statute are enforceable with immediate and direct effect, and there is no application except on facts and relations that have occurred since the effective date in 2002.

Moreover, no provisions apply to facts that occurred before this date, so the court has no Jurisdiction regarding crimes that occurred before the enforcement of the Statute.

However, the UAE Federal Decree Law No 12 of 2017, on International Crimes stipulates in its Article (44) that (1 / The courts of the State shall adjudicate on all cases that are not decided on via the proceedings arising from the crimes provided for in this Decree Law by or against a national of the State.

However, the UAE Federal Decree on the International Criminal Law would have departed from the general rule on non-retroactivity.

Since there is no law that criminalizes acts committed before its implementation, it seems that such provision is unconstitutional.

Article (27) of the UAE constitution Sates that crimes and punishments shall be defined by the law.

No penalty shall be imposed for any act of commission or omission committed before the relevant law has been promulgated.