Abstract
This study seeks to clarify the importance of the International Criminal Court as a criminal mechanism in the application of international humanitarian law, and its effectiveness in limiting violations of this law by punishing the perpetrators of these violations as a permanent court, as well as its role in laying the foundations for international criminal justice. It has become necessary to clarify the importance of the Court and its effective role in the application of international humanitarian law, due to the presence of massive and brutal violations of human rights during armed conflicts as well as under the belligerent occupation. Previous legal studies dealt with the issue of the implementation of international humanitarian law, but it is accepted that they focused on the historical aspect of the emergence of international humanitarian law, and they focused on the theoretical aspect of the issue of mechanisms for implementing international humanitarian law more than the practical aspect and therefore did not adequately address the criminal mechanism represented in The establishment of the International Criminal Court and this is the basis on which our study is based. The previous studies lacked the application that enriches any study in this field. This is what we emphasized in our study and given the importance of the topic of the role of the International Criminal Court in the implementation of international humanitarian law and also considering the recentness of some mechanisms for the implementation of international humanitarian law, the studies that dealt with this topic remain insufficient, and many aspects of the study on this topic are still an area for research and study One of these aspects that have not been adequately researched and specifically the criminal mechanism for the implementation of international humanitarian law represented in the International Criminal Court, and this study comes to enrich the practical aspect of the implementation of international humanitarian law.
Highlights
Perhaps the reason that originally led to the emergence of IHL is that it came in response to a moral and a human objective against the cruelty of human beings which has made the history of humanity to be full of conflicts with only less space for pace
Cooperation in particular in order to implement the arrest warrants issued by the international criminal court (ICC) against international criminals, anyone who postponed the rule of law in the world, and for ensuring lasting respect for international criminal justice
At the conclusion of this study we present a set of recommendations that we consider important to confirm the role of the ICC in implementing international humanitarian law and achieving international criminal justice, namely: 1. Expanding the substantive jurisdiction of the court to have the jurisdiction to consider other serious crimes such as the crime of terrorism, illegal trafficking in drugs and weapons, and cybercrime
Summary
Perhaps the reason that originally led to the emergence of IHL is that it came in response to a. The ICC is responsible for the prosecution and punishment of perpetrators of international crimes including serious violations of the principles of the IHL that arise the concern to the international community. This study contributes to clarifying the concept of the IHL and identifying the crimes that violate it, the extent of the effectiveness of the ICC as a permanent court in establishing the collars of criminal justice. The study of the role of the ICC in the implementation of the IHL has become necessary because of the massive and brutal violations of human rights during armed conflicts and in military occupations. 4. The role of the ICC in the implementation of the IHL has become necessary because of the existence of serious violations of human rights during armed conflicts in various parts of the world. The study tries to answer the following main question: What is the role of the ICC in the implementation of the IHL? The study tries to answer this question through the answer of the following sub-questions: 1. To what extent are the states committed to the implementation of the IHL?
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