المسؤولية الجنائية الدولية للرؤساء والقادة

Abstract

The international criminal liability of leaders and heads of states has been discussed in relation to the legal basis of such liability, which only exist in case of an explicit legal provision. This principle is clear in the Rome Statute of the International Criminal Court. As a result, this principle has become a legal and judicial reality after it was for a long time a mere international ambition to achieve international criminal justice. Also, the criminal liability in this regard is only achieved in accordance with a set of exclusively determined crimes, which are the ones regulated by the Rome Statute of the International Criminal Court. In addition, such criminal liability is discussed in relation to what was regulated in the Rome Statute through court procedures, and immunities which was agreed on not considering it as an excuse for avoiding punishment as a result of committing international crimes. However, this principle is still facing some obstacles in its application, especially in case the accused is located in a different country, as the Court cannot force the hosting state to hand over the accused to the Court.