Publication: محاكمة مجرمي الحرب والمسؤولية الجنائية أمام المحاكم الدولية:دراسة تحليلية
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War crimes (International law)
War crimes
xReligious aspects
xIslam
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Abstract
This study dealt with international criminal courts and their role in the trial of war criminals. The study adopted the analytical approach as a main method, along with other methods such as inductive and historical, with an attempt to define the meaning of the term 'war crimes' and what it means by international law and Shariah 'Islamic law', as well as aspects related to the responsibility and punishment of war crimes in international law and Shariah and the differences between them. In addition, the study discussed the terms of reference of The International Criminal Court and its effectiveness in punishing perpetrators of international crimes. The study concluded that there should exist a permanent international criminal court for the seriousness of war crimes, and to deterring and prosecuting its criminals, and achieving international justice that has not been achieved in the criminal courts of the state. The study also concluded that The International Criminal Court lacked operational authority, which has made it unable to achieve the desired justice, along with other findings and recommendations that serve the topic of research.