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 important of which is to refer the case either through a State party, or not by a party, or through the Security Council - in relation to any situation that threatens peace and international security to the Prosecutor of the Court, and the prosecutor The general investigation after he was authorized by the Pretrial Affairs Department.
The 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 MoreThis research is entitled "International criminal Responsibility for terrorist crimes". Individuals bear the international criminal responsibility for supporting terrorist crimes, whatever their status, whether they are ordinary persons, heads of state or state officials. They could be prosecuting through national or international courts. Although terrorist crimes are not mentioned in the Statute of the International Criminal Court, terrorist groups may be prosecuting before the International Criminal Court when they commit international crimes within the jurisdiction under the Statute of this court, i.e., genocide, crimes against humanity or war crimes. Leaders and officials of States that support terr
... Show MoreIn contest of the serious crimes committed by the gangs of the terrorist, it was necessary to shed light on how to prevent their impunity. Therefore, this research came to examine the composition of these gangs, their nature and source of funding, and then the nature of the crimes committed by them, and if their crimes fall in the International criminal law or only within the framework of the Iraqi criminal law, after that we were able to find out the nature of those crimes and thus the best mechanisms that represent the just punishment that these gangs deserve as a punishment for the crimes they committed against the unarmed civilians.
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 ال
... Show MoreIn this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.
With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules
... Show MoreThe Federal Court of Cassation is a court of law that monitors the lower courts through its scrutiny of the judgments and decisions issued by these courts, and that its oversight is focused on the legal side of the penal ruling, as it monitors the extent to which the subject courts adhere to the correct application of the rules of substantive and formal law represented in the process of legal adjustment. The Federal Court of Cassation has control over legal adaptation, as it is one of the legal issues, and therefore it has the power to change the adjustment with ratification of the penalty or reducing it according to certain controls in which its authority is determined.
The study of criminal danger is a part of a common phenomenon in criminal studies, namely, the conflict between traditional legal concepts and the new requirements of modern criminal policy, and the primacy of development and response to the requirements of modern human life. Criminal law scholars have recognized the importance of danger, especially after they have determined that the danger of crime is not limited to material damage, but rather to aggression against fundamental interests of the group, which is the possibility of damage. In particular, development and progress have led to the emergence of new areas in which the danger is the basis of the criminalization of related acts such as security, economy, trade, modern industries,
... Show MoreAbstract
The research aims to diagnose the reality of applying the eighth requirement (operation) of the business continuity management system according to the international standard (ISO 22301: 2019), in the General Tax Authority, which is related to planning, implementing and controlling specific processes and procedures to address risks and opportunities, and the research adopted the checklist of the standard ( ISO 22301: 2019), in obtaining information, to measure the extent of application and documentation, the percentages and the weighted arithmetic mean were relied upon, and the research reached a set of result
... Show Moreيتناول البحث الموقف في العراق، وما يتصل بذلك من جرائم دولية مرتكبة
في الأقليم العراقي، ومدى أختصاص المحاكم العراقية الوطنية بنظر تلك الجرائم
ومحاسبة المسؤولين عنها، وبيان أختصاص المحكمة الجنائية الدولية، والدور
الذي يمكن أن تضطلع به في سبيل تحقيق العدالة.
تسلم مكتب المدعي العام ماينيف عن ) 404 ( جهات اتصال تخص الوضع
في العراق وهذه الشكاوى وردت من مواطنين ومنظمات تعبر عن قلقهم حيال
ا
... Show MoreThe aim of the research is to diagnose and analyze the gap between the actual reality and the application of the eighth requirement (operation) in the National Insurance Company in accordance with the international standard specification for the quality management system (ISO 9001:2015), which is related to the planning, implementation and control of operations, which would raise the level of performance of employees and be reflected in the provision of An appropriate service for the faithful, as the reality of the condition of the requirement was studied by identifying the strengths and weaknesses of the system to diagnose the gap and find ways to address it. A workshop was held with company officials, through which questions were raise
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