الرافدین للحقوق (Dec 2021)
International Criminal responsibility being a Deterrent Mechanism for Peace building in the Middle East
Abstract
Criminal responsibility is the fundamental pillar of any national or international legal system, for its established guarantees established ensuring respect for the rights of victims and restoring justice, peace and security among States, particularly as permanent international criminal justice represented by the International Criminal Court has become a visible reality allowing the prosecution of war criminals for breaching International Humanitarian Law and International Human Rights Law during international conflicts. The preamble of the Treaty of Rome establishing the International Criminal Court states that it is necessary to prevent the repetition of atrocities caused by wars and the death of millions of people, which are still being committed daily and relentlessly in all parts of the world and constitute a threat to international peace and security. The international conflicts that have erupted in some countries of the Middle East undermining the stability of the region are among the conflicts that have witnessed the perpetration of international violations constituting international crimes, including particularly the Israeli crimes committed in Palestine, and the international violations committed by the coalition forces in Iraq considered according to the reports of international organizations and agencies as international crimes within the scope of the jurisdiction of International Criminal Court. As such, international criminal responsibility for the perpetrators of international violations during the conflicts that have threatened the stability of the Middle East region for many years is becoming an absolute necessity so as to prevent the unpunishment of war criminals and international conflicts, notwithstanding their status, as we consider to be an important factor in bringing peace and security to the region. Yet, the implementation of international criminal responsibility is confronted with a number of political and legal obstacles, which this study seeks to clarify and find out the alternatives available for prosecution.
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