محاكمة مجرمي الحرب والمسؤولية الجنائية أمام المحاكم الدولية:دراسة تحليلية

Abstract

This study dealt with international criminal courts and their role in the trial of war ‎criminals. The study adopted the analytical approach as a main method, along with ‎other methods such as inductive and historical, with an attempt to define the meaning ‎of the term 'war crimes' and what it means by international law and Shariah 'Islamic ‎law', as well as aspects related to the responsibility and punishment of war crimes in ‎international law and Shariah and the differences between them. In addition, the ‎study discussed the terms of reference of The International Criminal Court and its ‎effectiveness in punishing perpetrators of international crimes. The study concluded ‎that there should exist a permanent international criminal court for the seriousness of ‎war crimes, and to deterring and prosecuting its criminals, and achieving ‎international justice that has not been achieved in the criminal courts of the state. The ‎study also concluded that The International Criminal Court lacked operational ‎authority, which has made it unable to achieve the desired justice, along with other ‎findings and recommendations that serve the topic of research.