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حجية وآليات تنفيذ حكم المحكمة الجنائية الدولية
https://doi.org/10.23918/ilic9.36
Keywords: Authenticity , Mechanisms, to implement , judgement , integration , International , National.
PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law, Tishk International University
Date:27-28. February 2025
Venue: Kurdistan Region- Erbil, Iraq
ISBN: 979-8-9890269-3-7
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Rafik Siouda
Mohammed Cherif Messadia University
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Abstract
Based on the principle of complementarity between the jurisdiction of the International Criminal court and the jurisdiction of the national judiciary of states , The validity of international criminal judgement requires reffrring to the statute of the International Criminal court (Rome Convention) where becomes clear that the jurisdiction of the national criminal judiciary is an original juridiction, and the International Criminal court is a complementary court to it , the latter issues its ruling in accordance with its statute and procedural rules , which is the basis of the validity of those rulings to the national judiciary .
Authenticity is the basis for implementing these provisions, and “implementation” in the end- is the goal and goal of achieving international criminal justice, because if its provisions remain unimplemented, they will have no legal value in the international community as well as national societies.
We find that the Statute of the International Criminal Court has clarified the role of states in implementing the rulings issued by it, and has also obligated them to take administrative and legislative measures that guarantee that implementation, whether it is a matter of implementing a prison sentence, or implementing measures of fining, confiscation, and transferring people after implementation. Which leads us to pose a problem: To what extent are the rulings of the International Criminal Court valid before the national judiciary of states, and to what extent is it obligated to implement them?
In order to reach the desired results in answering this question, we can follow the comparative analytical approach, which is based on description and analysis at times, and on comparison between legislative texts at other times, by following a plan of two topics: The first relates to the validity of the rulings issued by the International Criminal Court, we discuss the second: implementing these provisions
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