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 (individuals or countries). But when execution these penalties may result in some symptoms or problems that hinder the application of what the court has ruled، as a result of wrong or abusive implementation against the victim or the convicted person، which requires solving that problem in accordance with a specific mechanism decided by that system.
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 MoreThankfully Thank meets the grace and pushes us Blaneh and a curse, peace and blessings be upon the Prophet after him, and his family and companions, and after:
This research deals with the subject of the provisions of the autistic in criminal penalties, one of the important issues, especially after the spread in abundance in our contemporary society, as the patient is characterized by autism in most of spaces of isolation and depression and aggressive behavior, and in some cases try autistic to commit suicide as a result of going through the psychological pressure , was this research to clarify what follows autistic criminal penalties as a result of the capital crime of self or without them, and the stat
... 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 Moreبعد 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 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 MoreCriminal mediation is one of the new means that seeks to resolve criminal disputes away from the traditional procedures of criminal cases and outside the court, but under his supervision and supervision, the mediation process is based on the consensual idea of ending the conflict as it gives both the offender and the victim a role in resolving the next conflict between them Outside the judiciary, with the intervention of a third party from the third party (the mediator), who has the main role in the success of the mediation process, and the mediator is obligated to inform the judicial authority of the results of the mediation, and then the judicial authority later has discretion in the return report, otherwise You will either go th
... 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.
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 MoreThe Court of Cassation is a court of law that monitors the lower courts by reviewing the judgments and decisions issued by these courts, and the fact that their control is on the side of the legal to judge the penal. It monitors the commitment of the courts' compliance with the proper and formal rules of law. In some cases, are errors chop terms and criminal to the facts of the case are subject to the jurisdiction of the Court of Cassation and not to the Court of Cassation, except to the extent that they cause the provisions through which the Court of Cassation can impose control over the facts of the criminal case and the outcome of the Court topic The subject of the results, and thus the legal aspect of the criminal case is the place t
... Show MoreThe Criminal Order System is a special procedural system that represents a form of (a non-pleading convention), which is intended to confront a particular type of crime in order to put an end to the expiry of the lawsuit resulting from it in a simple and easy manner that does not observe the rules prescribed for ordinary trials. The basic idea in the system of criminal orders is that the case papers in simple crimes contain enough evidence to decide on them without the need to proceed in the normal way of pleading, confronting and hearing witnesses ... etc.