مبدأ الاختصاص الجنائي العالمي في نظام العدالة الدولية بين النظرية والتطبيق

Abstract

The principle of universal criminal jurisdiction is considered as an effective mechanism of the international cooperation in criminal matters, on the basis of which the national courts can pursue, punish and prosecute perpetrators of certain types of crimes regardless of the place of Commission of the crime or the nationality of the perpetrators or the victims. Its purpose is to ensure submitting the responsible of committing certain international crimes to justice which is the last resort to stop the impunity of delinquents. Which makes us wonder, how far activating the application of universal criminal jurisdiction by national court can contribute in achieving this target? Taking in consideration that it is facing some difficulties divided into legal difficulties (which is the difficulty of proof, the possibility of conflict of jurisdiction and prejudice a fair trial) and realistic difficulties represented in the absence of political will and adhering the principle of absolute sovereignty. Therefore it's necessary to activate the application of the principle on the basis of presence of the procedural and substantive legitimacy, to permit National legislation to apply the principle effectively and achieving the application's objective.