المسؤولية الجنائية الفردية في القضاء الدولي الجنائي : دراسة نظرية مقارنة
Author name:
علي حسين علوان العبيدي
Supervisor name:
علي زعلان نعمة العبادي
General topic:
Law
Specific topic:
International Criminal Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1551 - p.pdf
Abstract:
The criminal Responsibility of the Individuals in the Criminal International Justice.This thesis deals with criminal responsibility of the individuals in the criminal international justice. I have chosen this subject because the peace of the world is an aim most of the state want it but even if this peace is out of reach still can be achieved if the international community as states and individuals abide by some of legal rules and basis. One of these rules is the concept of the criminal responsibility of the individuals which arises on the international field recently. This subject has vital importance in the criminal international justice because what resulted from it is the conviction of a person or clear his side from the guilt being alleged especially if he has an official responsibility like the heads of states or the military commanders besides the common individuals ofthose could be brought before the international criminal justice. The thesis is divided into two chapters Chapter one deals with the meaning of the responsibility of the individuals which is divided into two parts. Part one deals with criminal responsibility of the individuals and the legal base therefore. Part two deals with the international responsibility upon the state action. This part contain three demands. We discuss thereon the international responsibility of the state especially over those individual working for the account of the state because the state shall be responsible for theiractions. Rome statute does not allow any kind of immunity during any stage of the lawsuit.Chapter two deals with the conditions of absence of the individual criminal responsibility and it is divided into two parts. Part one deal with the reasons of permissibility and it has two demands. The first one is the higher orders and the second one is the legitimate self defense. Part two deals with the reclusions of the responsibility which are coercion, intoxication, the mental illness and the mistake or facts and the law.Finally, I would like to express my deep appreciation to my advisor Dr.Ali Zalan Nima who was a great help to me with his valuable suggestion and support I have reached the aim of this study.
