المحكمة الجنائية الدولية و اختصاصها عن الجرائم المرتكبة ضد المدنيين في سوريا

Abstract EN

This research includes the study of the International Criminal Court and its specialization in crimes committed against civilians in Syria.

It is presented through an introduction and three separate chapters: The introduction addresses the background of the international judiciary thought and the establishment of the International Criminal Court.

Chapter I consists of two sections the first of which deals with the formation of the International Criminal Court and the Assembly of States Parties.

The second section discusses the special characteristics of the statute of the court.

Chapter II is a study of the specialization of the International Criminal Court on crimes committed against civilians in Syria through two main parts first of which deals with the subjective jurisdiction of the court on crimes against humanity committed against civilians in Syria.

This is presented by stating the three elements necessary to give those crimes an international acknowledgment as they represent widespread and systematic attacks within the framework of state polices, a fact that should qualify these ordinary crimes consisting of killings, torture, rape, and deportation to be recognized as crimes against humanity and need to fall under the jurisdiction of the court.

While the second part is specified to study personal, spatial, and temporal scales of the court’s jurisdiction concluding with a statement of the International Criminal Court on the accountability of perpetrators of crimes against humanity in Syria regardless of their level of involvement in those crimes.

Accordingly, the responsibility lies--directly or indirectly--on each of the perpetrator, the crime partner, the trespasser, and the instigator whether responding to orders or temptations or assisting or abetment, etc.

This is in spite of the fact if the crime is fully executed or stopped from the start due to circumstances beyond the intentions of the offender.

Additionally, criminal liability requires that the age of the criminal should be at least 18 years at the time of committing the crime attributed to them.

Chapter III of this research includes a study on whether or not the International Criminal Court has the authority to exercise its jurisdiction on crimes committed against civilians in Syria.

This chapter is also presented through two different paragraphs.

The first paragraph is specified to discuss prosecution, investigation, and trial procedures before the court closing with a statement on the inability of the court to exercise its jurisdiction on crimes committed against civilians in Syria, unless the Security Council--per chapter seven of UN Convention-- refers the case to the Prosecutor General, because the state of Syria has not ratified the Statute of the International Criminal Court.

Therefore, Syria is not considered a party to the system, and has not declared acceptance of the court's jurisdiction, and thus it does not fall under its jurisdiction.

The second paragraph, on the other hand, is allocated for a statement on applicable laws by the International Criminal Court.

The research ends with some of the most important conclusions we have drawn.