مجلة الاجتهاد للدراسات القانونية والاقتصادية (Jan 2021)

Trilogy of Text, Rule and Law in the Rome Statute

  • بن تغري موسى

DOI
https://doi.org/10.36540/1914-010-001-011
Journal volume & issue
Vol. 10, no. 1
pp. 267 – 290

Abstract

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These three interests that were mentioned in the title, namely the text, the rule and the law, exist in the Rome system in different legal situations, imposed by the nature of international criminal law and the specificity of the Rome system, and the cumulative existence of the statutes of the various international courts, which made it one of the most important modern scientific pillars in the existence and development of the law And it highlighted its consistency in all the paragraphs of the Rome Statute or the procedural rules and the rules of evidence or the annex of the elements of crimes, which requires us to clarify their position and legal status, and the extent of each of them to achieve the required, and can they be confused with the term of the Basic Law. The research aims to show the power of law in front of the text and the rule, given its ability to place international criminal law in its rightful place within the branches of international law, to reach the result of the force of law in front of these terms in the Rome system and in the statutes of the various criminal courts, as well as the criminal statutes in the world. Because of the strength of its peremptory rules, as well as the acceptance of states in this way.

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