![]() | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص Introduction: The researcher reviewed the importance, the problem, the questions and the post studies of this stud. The researcher divided this study into two section: First section: Entitled ”Legal Status of states’ presidents”. Which was divided into three topic First topic: entitled ” the importance, scope of competence of the states’ presidents and recognition of it”, which was divided into three topics. The first topic: The importance of states’ presidents in international relations. The second topic: The scope of competence of states’ presidents in the field of international relations. The third topic: What is the recognition of presidents in international relations. Second section: Entitled ”Criminal responsibility of states’ presidents”, which was divided into two sections. The first topic: Establishing the responsibility of the presidents in some international agreements. The second topic: The scope of criminal responsibility of states’ presidents. The third topic: Entitled ”The main factors that impede the attribution of responsibility to states’ presidents Which was divided into two sections: The first topic: The powers and immunities of states’ presidents. The second topic: The state enjoys regional and personal sovereignty. Second sections: Entitled by ”the dimensions of the immunity of states’ presidents before the International Criminal Court. Which was divided into four topics: The first chapter is entitled ”What is the International Criminal Court”, which has been divided into four sections. The first topic: The emergence of the International Tribunal. The second topic: The structure and administration of the court. The third topic: The substantive jurisdiction of the court. The fourth topic: Assignment of jurisdiction to the International Criminal Court. Chapter three: ”Personal jurisdiction of the Criminal Court”. which was divided into three chapters The first topic: Individual responsibility before the court. The second topic: The extent of the responsibility of the presidents before the court. The third topic: The controls of practicing personal competence. Third chapter: Entitled ”The handling of the Criminal Court in the case of Darfur and Libya,” which was divided into two sections. The first topic: dealing with the situation of Darfur. The second topic: dealing with the case of Libya. Chapter Four: The Effects of the Establishment of the Criminal Court on the Immunity of states’ presidents Which has been divided into two sections. The first topic: Application of the principle of immunity before the International Criminal Court. The second topic: the future of the principle of immunity for presidents. Conclusion: The results and proposals of the study were presented as follows: Some States shall ensure immunity to some people, their scope is different from one country to another as it may, the index reached its favor internal and what is it that is the decision of the immunities of Heads of State and Government. The International Criminal Court is not a substitute for national courts are complementary, but they do not have darkness more than they are doing each of the States within the framework of international law, that is, they are of a complementary jurisdiction of national courts. from the text of Article 27 of the Statute of the International Criminal Court it shows that immunity will not be a barrier to provide of us to court. The first paragraph of Article 98 of the International Criminal Court required that you get starting Before forwards the request to the State in which a person resides on the territory that to on the cooperation of the third country which enjoys a person’s immunity under the legislation, but if the International Criminal Court failed to get this cooperation, which in the form of lifting immunity or withdraw the court will not be able to demand went to the State in which the defendant resides, including the terms of reference will abstain directly. Hinders the work of the International Criminal Court agreements that seek United States currently signed with many countries of the world and which states that the government concerned will not extradite or transfer US nationals accused of genocide or crimes against humanity or war crimes to the International Criminal Court, if I asked her that the court does not require the agreements of the United States or other countries concerned Ada investigation even if there is sufficient evidence to prosecute such people, which must be addressed and the texts of agreements fill the gap. Do not agree with the view of the international legislator in paragraph (2) of Article (33) while considered that the illegality of the order issued by the Supreme Head be a phenomenon if attached to commit genocide or crimes against humanity and special treatment without the other international crimes and to consider the illegality of the order issued committed phenomenon while can not be considered to carry out orders included war crimes and aggression as well because these ideas give justification for the commission of crimes by the armed forces of countries with aggressiveness like the United States and Israel allowing impunity for perpetrators of these crimes of follow-up that the orders issued to him were not the phenomenon of the wrongfulness In both cases, it is no doubt that the terms of reference of the International Criminal Court raises a lot of confusion and obstacles broken the terms of reference of the ICC, particularly on the crime o. The absence of democracy in a number of ruling regimes and fear on the immunity and invoked national sovereignty and local judicial authority of the serious obstacles that Tartd court work optimally next to the problematic political, legislative, social and economic side of rampant corruption and ignorance and poverty in some communities Establishment of the International Criminal Court in line with the development of international law and identifies with the goal of achieving the High Justice and Accountability tyrants but it is clear that there are some obstacles awarded the presidents of impunity or impede efforts to arrest Criminal Court that hampers supplementary jurisdiction is limited to countries that have ratified the charter, and that respect to specific crimes exclusively to the Rome Statute and committed after its entry into force. In addition, the Security Council interference in the work of the Court and the use of the veto, leading to the court to make him pliable. Proof that enables the United States to take advantage of the provisions of the Rome Statute (Articles 16.98) to keep its citizens from submitting to the jurisdiction of the court, and the use of tools is threatening to stop paying its share of the UN budget or the threat of countries that vote as well as a decision to stop financial and military aid. This swim on the major actions of the aggressive legitimacy, which is applied at the international level after it has been applied at the level of the United States, which applied the so-called act of state, a principle of national law imposes on the national judiciary to refrain from exercising his duties if he would It presents the foreign policy of the United States at risk. Second: the proposals: Amend the text of Article 13, paragraph (b) of the International Criminal Court to grant United Nations General Assembly, rather than the Security Council, the right to refer the file to the Attorney General in accordance with Article 22 of the charter, when you see that one or more of the crimes set out in the court system It has been committed. Thus, the International Criminal Court becomes a means to achieve justice peoples and not a means to achieve political goals. The liability of the head of state for his crimes to perpetuate the rule of law which is a moral compensation for the victims and deter anyone considering a future in the recurrence of such crimes. Add a paragraph to Article 12 gives the right of the peoples of the oppressed and under occupation or are exposed to the most serious crimes of some heads of state prosecution before the International Criminal Court. An international agreement on how to deal effectively with the legal immunity where rulers have been in the drafting of the 1991 draft convention at the hands of the International Law Commission of the United Nations was to refer the matter to the General Assembly of the United Nations but so far has not issued a decision in this regard. The age of Egyptian legislation included in the penal code provision contained in the Rome Statute on the crime of genocide because it is a guarantee to the jurisdiction of the state on what is being done over the territory of international crimes and both ratified the State establishment of the International Criminal Court agreement or not ratified it. Call on States that have not acceded to the Statute of the International Criminal Court, led by the United States to ratify and accede to it. Develop a clear and explicit move to work at the UN Security Council to refer a case to the court and find some kind of international participation and control in decision-making or to abstain from the mechanism. The formation of an international public opinion opposed to the agreements that the United States is seeking to conclude with many governments in order to escape American criminals from punishment or even to appear before the Criminal Court and to highlight that the distinction between the perpetrators of crimes. Sensitize judges, executives and specialists and trained to deal with the International Criminal Court and interact with them and follow up the work of public benefit. This is in addition to the mainstreaming of human rights and culture taught in schools, universities and institutes of civil and military, next to the definition of the content of the agreements and conventions and treaties with demonstrated and awareness seminars on them. The expansion of the Court’s jurisdiction to include all crimes which have caused pain and suffering such as industry and the acquisition of weapons of mass destruction. Work on the adoption of a clear and explicit definition of the crime of aggression and start to punish them and their equality with the rest of the crimes that the court is concerned with its consideration. Join the Arab States of the Statute of the International Criminal Court to be present in the most important and most dangerous judiciary criminal world, and the lack of absence from its activities that could affect them at the core of its sovereignty, so you can with other parties to fix the gaps in the court system through the Assembly of States Parties. |