الأحكام الموضعة والإجرائية للمحكمة الجنائية الدولية مقارنة بالشريعة الإسلامية
This study aims to reveal the recent development of matters within the modern regulations and legislations and the international conventions that indeed impact the reality of the international society in general, and the Islamic societies and countries in particular.This study also has approached th...
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| Summary: | This study aims to reveal the recent development of matters within the modern regulations and legislations and the international conventions that indeed impact the reality of the international society in general, and the Islamic societies and countries in particular.This study also has approached the convention of Rome in regard to the establishment of international criminal court, that the history of actualization of its articles return to the first of July 2002.The researcher has presented firstly the definition of the international criminal legislation and the circumstances of its creation and the definition of the International Criminal Court and the rules set out in its essential system.After the researcher defined the Islamic criminal legislation in general in terms of criminality, punishment and the system of Islamic justice ,then addressed the ethics and rules of war in Islam. The researcher adopted the descriptive ,analytical and inductive approach in the presentation of the two approach ,and the the study also used the comparative method and draw the differences and inconsistencies. The importance of this comparison is that the International Criminal Court demands some Islamic countries, including Libya extradite its nationals in order to judge them. Although Lybia does not sign the Rome Convention ,which creates a bit of controversy about the extradition from the legal and legislative points. The researcher has come with the results that confirm the conflict,which resulted in saying that the inadmissibility of the extradition of nationals of Islamic states for this court to be judged this is from the point of Islamic law while it permissible from the point of law. |
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