تنفيذ مذكرات اعتقال المحكمة الجنائية الدولية: آليات ومعوقات في الدول غير الأطراف في نظام روما
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Date
2026-02-16
Authors
Asad Massarwa
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Publisher
An-Najah National University
Abstract
This thesis examines the mechanisms and obstacles in countries that are not parties to the Rome Statute.
It examines the legal and political problems associated with the legality and effectiveness of arrest warrants issued by the International Criminal Court, especially in the face of states that are not parties to the Rome Statute.
This thesis reviews the development of the court's jurisdiction, the legal basis for issuing arrest warrants, and the extent to which states are obliged to implement them, within the framework of the principle of sovereignty and the balance between law and politics in the international system.
In this thesis, the researcher relied on a descriptive-analytical approach by analyzing relevant legal texts, judgments of the International Criminal Court, Security Council resolutions, as well as studying high-profile applied issues, including arrest warrants issued in contemporary conflict contexts.
Finally, the thesis concludes that the effectiveness of arrest warrants issued by the ICC is still limited, due to weak enforcement mechanisms, the absence of international cooperation, and the politicization of international criminal justice, especially when it comes to states that are not signatories to the Rome Statute.
The thesis also concluded that strengthening the legitimacy and effectiveness of the court requires legal and institutional reforms, activating the role of the Security Council , and strengthening the principle of international accountability away from selective political considerations
Description
تنفيد أوامر الاعتقال الصادرة من المحكمة الجنائية الدولية الآليات والعقبات من الدول غير اعضاء في ميثاق روما الأساسي