"المساهمة في جريمة اإلبادة الجماعية في ضوء النظام األساس للمحكمة الجنائية الدولية"

Abstract

The crime of genocide within the scope of international crimes is characterized by its extreme gravity. Its severity increases if it is committed in light of its contribution, given the multiplicity of perpetrators and the possibility of causing great harm to the targeted human groups. Accordingly, the International Criminal Court statute specialized in contributing to international crimes, including the crime of genocide, with some of the provisions regulating them, based on which criminal accountability is held for those who contributed to its commission (Article 25). And because the statute of the court provides that the court, in exercising its jurisdiction, applies its statute, corpus delicti, procedural rules and rules of proof for the court, relevant international treaties and principles and norms of international law, as well as the general principles of law that it arises from the national legal systems of the countries of the world (article 21), which raises questions about the legal system adopted by the court in criminal liability for the contribution to the crime of genocide, given the different national legal systems in regulating participation in the crime, especially about the types of accomplices in the crime, and their criminal responsibility. In light of this, the study shows the forms of complicity in crime in various legal systems and studies the Institute of complicity in the crime of genocide in the statute of the International Criminal Court and its judicial decisions, as well as judicial decisions of the Provisional International Criminal Courts in this regard.