The Crime of Genocide in International Criminal Law: Analytical Study

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Date
2021-11-17
Authors
Dhelia, Jood
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An-Najah National University
Abstract
This study tackles the crime of genocide based on two main dimensions. The first is represented the legal organization of this crime in the legal articles and the international agreements which passed laws concerning it. The other focuses on the role of the international criminal law in passing their laws in the court of law. This study is an attempt to highlight the key legal provisions which deal with this crime and the analysis of the mechanisms of dealing with it according to the international agreements in terms of its material and moral pillars as well as the criminal responsibility based on it. Also, it analyzed the most prominent cases through which the criminalization of genocide is proven in the criminal courts of Rwanda and Yugoslavia as well as the role of the international criminal court in preventing such as crime. This study is divided into two main chapters. To begin with, the first tackles the definition of genocide by presenting the legal definition of the terms, its moral and material pillars as well as the criminal responsibility of genocide by law. In addition, the second chapter deals with the judicial procedures through the special international criminal jurisdiction led by the criminal court of Rwanda and Yugoslavia as well as the general criminal jurisdiction through the international court.
Description
This study tackles the crime of genocide based on two main dimensions. The first is represented the legal organization of this crime in the legal articles and the international agreements which passed laws concerning it. The other focuses on the role of the international criminal law in passing their laws in the court of law. This study is an attempt to highlight the key legal provisions which deal with this crime and the analysis of the mechanisms of dealing with it according to the international agreements in terms of its material and moral pillars as well as the criminal responsibility based on it. Also, it analyzed the most prominent cases through which the criminalization of genocide is proven in the criminal courts of Rwanda and Yugoslavia as well as the role of the international criminal court in preventing such as crime. This study is divided into two main chapters. To begin with, the first tackles the definition of genocide by presenting the legal definition of the terms, its moral and material pillars as well as the criminal responsibility of genocide by law. In addition, the second chapter deals with the judicial procedures through the special international criminal jurisdiction led by the criminal court of Rwanda and Yugoslavia as well as the general criminal jurisdiction through the international court.
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