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تعاون الدول غير الأطراف مع المحكمة الجنائية الدولية | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, Issue 2, August 2021, Pages 256-289 PDF (1.23 M) | ||
| Author | ||
| م. م. علي ناظم سلمان | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| Article 1 of the court’s statute stipulates that “the International Criminal Court shall be established, and the Court shall be a permanent body with the authority to exercise its jurisdiction over persons with regard to the most serious crimes of international concern.” Hence, the jurisdiction of the International Criminal Court is considered complementary to the national jurisdictions, which is a system An international judicial authority established by the will of the states acceding to it and its provisions shall not be applied retroactively, and its competence shall be future jurisdiction that complements the competence of the national judiciary and consecrates individual responsibility only.The Statute of the International Criminal Court was keen to establish a balanced relationship between the Statute and the national systems, in order to facilitate the acceptance by the states participating in the conference of the thought of the International Criminal Court. So that it makes the balance of the relationship complementary between the national judicial systems and the statute of the court, as the states parties to the system have the right of jurisdiction first to consider international crimes, then the International Criminal Court comes in second place Therefore, the jurisdiction of this court takes place at a time when national courts are not able to hear international crimes or when they are unwilling to exercise this jurisdiction And the discussion of states ’obligation to cooperate with the International Criminal Court, the distinction between states parties and states not parties to the Rome Statute, as well as the idea of the integration of the International Criminal Court with national jurisdiction, and the consequent statement of the court’s location for non-party states, is the subject of this study | ||
| Keywords | ||
| International Criminal Court; States Parties; Non; State Parties; Rome Statute; National Jurisdiction | ||
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