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The crime of violating the right to litigation in international criminal law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 30, Volume 16, Issue: 2, June 2026, Pages 733-752 PDF (601.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.166807.1681 | ||
| Author | ||
| Humam Hatem Karim* | ||
| College of Polytechnic - Qadisiyah / Middle Euphrates Technical University | ||
| Abstract | ||
| The right to litigation is of paramount importance in international law, as ost declarations and agreements on human rights have emphasized it. In the scope of international humanitarian law, the Geneva Conventions of 1949 prohibited attacks on it during armed conflicts, while the Rome Statute of the International Criminal Court criminalized any act that violates the right of individuals to litigation, whether they are civilians or prisoners of war. However, despite this, this right is often violated by leaders and subordinates, and their actions constitute an international crime in international criminal law that warrants international responsibility. We will divide the research into two sections. In the first, we will address the nature of the crime of violating the right to litigation through two requirements. The first of these is dedicated to the concept of the crime of violating the right to litigation, and in the second, we will examine the legal characterization of the crime of violating the right to litigation. As for the second section, we will address the elements of the crime of violating the right to litigation and the resulting responsibility through two requirements. The first of these is dedicated to the elements of the crime of violating the right to litigation, and in the second, we will examine the resulting international responsibility. And a conclusion in which we will show the most important conclusions and proposals. | ||
| Keywords | ||
| crime; litigation; criminal; right; international | ||
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