الأفعال المبررة في القانون الدولي الجنائي

Abstract EN

We have attempted through the study of this study dealing with the circumstances precluding wrongfulness in international criminal law, and we have concluded that there is a classification that is unanimously agreed by specialists and others that elicit indifference.

Among the first category is the cause of the legitimate defense, which remains a preponderant cause governed by the Rome Statute of the International Criminal Court and the United Nations, in this case and when its conditions are met, is brought before the Court international criminal law, the act ceases to be a criminal offense and must return to legality, which has the effect of undermining the legitimate element of international crime.

Regarding the principle of reciprocity used by States to justify their illegal actions, contrary to the principle of the use of force in international relations and the settlement of disputes, it is also considered during wartime as a ground for authorization in respect for the laws and customs of war As for the effectiveness of the cause of the international humanitarian intervention, it lies in the decline of the idea of sovereignty enjoyed by the State on its territory, because the supremacy of the humanitarian interests is a strong motivation to justify such intervention, and thus considered a reason for legalizing the consideration of the decision of the Security Council's approval.

In conclusion, it is considered that the circumstances precluding wrongfulness have been sufficiently regulated by international criminal law, namely the cause of self-defense which remains clearly an absolute exonerative cause, however other causes are ambiguous and require more rigorous, namely the international humanitarian intervention, the principle of international reciprocity in time of war and the rights of combatants in respect of the laws and customs of war