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فلسفة العقوبة في القضاء الجنائي الدولي == Philosophy Of Punishment In The Criminal International Judgment
Author name:
احمد عبد الرزاق هضم نصيف المعيني
Supervisor name:
براء منذر كمال عبد اللطيف الطائي
General topic:
Law
Specific topic:
International Criminal Law
Degree:
Doctorate
University:
Tikrit University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Salahaddin
First pages:
13T1530 - p.pdf
Abstract:
نسعى في اطروحتنا الموسومة بـ ( فلسفة العقوبة في القضاء الجنائي الدولي ) الى تسليط الضوء على العقوبة الجنائية الدولية في اطار النظم الاساسية للمحاكم الجنائية الدولية التي نشات في ظل ظروف معينة عادة ما ترافق النزاعات المسلحة او تعقبها، والغاية من انشاء مثل | The peace, security and the stability of aims which have long prepossessed humankind ,after tasted the bitterness of horrors of war. and sight a lot of horrors thing and missed million of humankind. That they stood powerless in many cases for accountable the perpetrators of crimes that a companied those wars. Especially after that proved the inability of national judicial systems a counting for the perpetrators of such crimes whether because they are have a power in their respective countries ,or those that completely collapsed state it which hit its agencies including the judiciary completely paralyzed. And in order not to get away from a lot of punishment established by international criminal courts orders the trial to take such actions ,there courts have a national criminal laws. So to ensure that no one escape punishment, appeared the criminal international justice. But maturity it reached international criminal justice did not come from vacuum, its passed through several stages of evolution. And this evolution was a predicted and related with the evolution of intellectual humanity. The efforts of the jurisprudential and philosophical level of individual and collective backs a prominent role in these efforts and make it in executed. And the criminal international punishment its area of competence and discussed shared by all of the public international law and criminal law. The impact of this matter and directly involving them and make them in its aspects a characteristics of both privacy laws. The sanctions that the international courts apply it was the same that sanctions was apply by national courts, and aimed to fulfill the same purposes and functions that the national courts gone to fulfill it. So we will discuss this punishment dependent on the analytical method of the texts in the international criminal courts. And we are going to adopt the historical method in some historical aspects. So we will divide this study to a introduction and three chapters ,in the introduction we will study the most important preliminary stages undergone by the international criminal judiciary. So we will discuss in the first chapter the explore the concept of the international criminal punishment, we deal in this chapter the mean of punishment and the sources of it. While in the second chapter we will discuss the types of international criminal punishments. And the last chapter we will search to it the functions of the international criminal punishments ,that represented in three functions the first is public deterrence and the second is privet deterrence and the last is the justice of punishments. And at the end of study we reached to a results and a suggestions
