Browsing by Author "Saleh, Faraj Saleh Ghabisha"

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    The International Legal Mechanisms to Stamp Out Impunity During Armed Conflicts; The Role of The International Criminal Justice
    (2012-10) Saleh, Faraj Saleh Ghabisha
    Humanity has suffered greatly from pain and the ravages of armed conflicts that have claimed the lives of millions of people and because of this, different international Tribunals were found to prosecute the criminals of the most serious crimes to stamp impunity. The latest mechanism of international criminal justice is the ICC. The research answers the questions of whether the ICC provides criminal justice to mankind, what challenges the ICC faces, what are the weaknesses of the ICC system and what are the solutions to achieve the international criminal justice? The research reviewed the scholars’ opinions and analyzed the international legal instruments and found that the Rome Statute does not cover all the international crimes. It does not provide ICC the power and jurisdiction to prosecute all perpetrators of crimes as it does not apply to the non-state parties and it bars the ICC from requesting for the surrender of criminals. Furthermore, there is a role of politics played in the international criminal justice that makes some perpetrators enjoy impunity. The researcher recommends that in order to achieve the international criminal justice, the ICC should be an independent institution and the nature of the Rome Statute must be changed from complementary system to supranational and the ICC must be given the right to request for assistance from any regional or international organization to enforce the international criminal law.