بعد الانتهاء من مرحلة المحاكمة وصيرورة الحكم نهائياً فى المحاكم الجنائية الدولية ، تأتي مرحلة تنفيذ هذه الاحكام التي تصدرها المحكمة، ومدى حجيتها ازاء القضاء الوطني ، واستنادًا إلى مبدأ التكامل فإن الأحكام التي تصدرها المحكمة الجنائية الدولية يكون لها الحجية إزاء القضاء الوطني، وإزاء المحكمة الجنائية الدولية ذاتها؛ حيث لا يجوز محاكمة الشخص عن الجريمة ذاتها مرتين سواءً أمام المحكمة الجنائية الدولية، أو أمام المحاكم الجنائية الوطنية عن سلوك شكل الأساس لجرائم كانت المحكمة قد أدانت الشخص بها، أو برأته منها، كل ذلك بشرط أن تجري المحاكمة وفقا لما قرره النظام الأساسي للمحكمة الجنائية الدولية، والقواعد الإجرائية، وقواعد الإثبات؛ فإذا ما جاءت المحاكمة على خلاف ذلك فإن هذه الأحكام لا تكون لها الحجية، كما يعتمد في تنفيذ هذه الاحكام على الدول الاطراف في الاتفاق او الدول التي قبلت باختصاص المحكمة حيالها بموجب اتفاق ثنائي بين هذه الدولة والمحكمة ، سواء كان ذلك فى تنفيذ العقوبات السالبة للحرية او العقوبات المالية ، غير أنها قد احتفظت لنفسها في نظامها الاساسي بسلطة الاشراف والمراقبة على الدول فى عمليات تنفيذ الاحكام .
That the International Court of Justice is a court of first and last instance, it is a fundamental principle that its rulings are final and cannot be appealed as stipulated in Article 60 of the Statute. Nevertheless, the provision of this Article provides that the States parties to the case may request an interpretation of the decision, When certain conditions are available, the International Court of Justice has traditionally issued interpretative rulings when the ruling is marred by any ambiguity or ambiguity. Final determination of judgment and res judicata, in the case of interpretation, if a decision or part of a decision is ambiguous, it may prove impossible for the States Parties to comply with it, and then a request f
... Show MoreThe international community has sought to establish a judicial institution that works to apply the law fairly، as a result of a necessity dictated by the circumstances of the international community، and Because of the great violations against humanity in times of peace and war، and in order to establish the parameters of international criminal justice between all societies and countries، this necessity resulted in the idea of establishing an international criminal court . A court that enjoys independence and impartiality exercising its international jurisdiction according to legal procedures to suo any one accused of committing an international crime in to inflict Penalties against him or her، whether
... Show MoreEthnic cleansing is the systematic forcible removal of ethnic and religious groups from a specific area, with the intent of making the area ethnically homogeneous. Direct deportation is accompanied by genocide, rape, and destruction of property, so the crime of ethnic cleansing can be considered a crime against humanity and can be included in the Genocide Convention.
Ethnic extremism is a concept linked to the use of violence and weapons by a strong party against a weaker party. Extremism and fanaticism are often behind such a crime with the aim of obliterating or concealing the oppressed group in a particular geographical area.
Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.
The ICC is a reclining judicial body that punishes ordinary persons for crimes committed and falls within its jurisdiction in accordance with article (5) of the Court's Statute: crimes of extermination, war, aggression, and crimes against humanity. This gives the international community the right as affected by these acts to initiate criminal proceedings to punish the perpetrator. However, this right has not been left so and without regulation, but has been enshrined in the Rome Statute - whether with regard to those who are qualified to exercise this right, or with the restrictions to which it responds, requiring the ICC to exercise its powers to take some previous actions in contact with the Court in connection with the case, the most
... Show MoreMedical identification is deemed of the most important evidences in the criminal investigation on massive cemeteries, as it is identified the unknown individuals either alive or died. Whereas the victims of massive cemeteries are individuals were murdered and then buried or buried alive and thence identifying the bodies of the victims should be evaluated technically and need medical experience by checking its apparently or internally (anatomically) by expert (Forensic Medical Doctors) to ma
... Show Moreالأحكام القانونية للجرف القاري في القانون الدولي
This is a theatrical overview of the organizational approach regarding the definition of functions of criminal law and the nature of the criminal justice system. The research assumption is the following (organizational approach is the most important and effective instrument to achieve the goal of scientific-oriented law.
The law should be defined by the terms of science, not by the terms of politics and relatively social norms. Through legally organized law social needs can be satisfied at the right time, and legislative intervention becomes more functional.
The basis of criminalization hi the penal code is the protection of rights whether the rights are related to human life or its property or the rights related to the protection of public property any attack on these rights is a crime the crime does not take place unless there is a physical and moral corner In addition the criminal intent of the offender must be available to the offender ie that he has knowledge of all the crimes of the crime as one of the elements of the intention But what if the person was wrong during the commission of the act the elements of the crime or all of it does this affect the criminal intent of the perpetrator or not since the importance of organizing the provisions of error and the impact of it wh
... Show MoreGod created man with a social nature, that is, man cannot live alone, but there must be a society associated with him. And when God addressed Adam, the first of His creation, he addressed him with the speech of the Muthanna to him and his wife. “This tree, then you will be among the wrongdoers” (Al-Baqara: 35), and thus was the divine discourse for the first human experience on earth. It accommodates a social relationship, which is (the family), husband and wife. And since a person needs to meet, as Ibn Khaldun said: (The human meeting is necessary, and the wise men express this by saying (the human being is of course civil)) (). And as it is known that with the meeting, relations arise from love and hate, cooperation and struggle, a
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