المسؤولية الجنائية الدولية عن إنتهاكات القانون الدولي الإنساني

Abstract

Abstract: The enforcement mechanisms of International Humanitarian Law on the national and international levels are not limited by mere drafting of various legal rules or by creating an institutional structures that shall enforce and ensure respect for the craft's of its requirements, but it extends to the implementation of legal frameworks and substantive procedures which initially criminalize all violations and breaches that might encounter International Humanitarian Law during the time of Armed Conflicts regardless of the degree or the magnitude of its scope, and lead people to bear the criminal responsibility whoever they are and whatever their status is. Referring to International Criminal Tribunals established over the last century to deal firmly with the International and Non-International Armed Conflicts which caused humanity sufferings, we find that such tribunals had already established in their charters and statues as in many of the cases that have been considered as judicial precedents which were implemented. This is done to fight the impunity that includes essentially the failure of states to fulfill their obligations towards investigating violations of International Humanitarian Law or to take an appropriate and required legal and judicial measures against the perpetrators who should be punished. Whenever the international community succeeds in avoiding and addressing the negative aspects of the carelessness of some countries in the serious commitment to the principle of no impunity and adapting unacceptable double standards and selectivity in dealing with violators of International Law, in this case, it will inevitably lead to the achievement of International Criminal Justice which is based in one hand, on the construction of a permanent international, valid, fair, and independent criminal justice system. Its principle goal is to take the necessary steps, at the national as well as the international level, to perform their functions of deterrence and punishment in facing any Violations of the International Humanitarian Law and thus keeping International Peace and Security. And, in other hand, Achieving criminal justice will guarantee more protection for the victims who may have lost their lives, physical and mental health, their liberty or properties during Armed Conflicts as a direct result of the intransigence of the warring countries and not responding to the principle of distinguishing between combatants and civilians and between legitimate targets and non-legitimate ones, and ensuring the application of the Minimum Basic Humanitarian Rules which constitute a legal basis to prevent the belligerents from depriving the internationally protected rights of some categories, which means giving victims whether they are states or individuals a voice and part in the implementation of International Criminal Responsibility, beside of enabling and supporting them financially and morally to start a new life where there is no chance for war criminals to evade punishment.