ملخص عبدالخالق عبد الحسين سلمان الحسناوي

ABSTRACT

   The criminal jurisdiction of the establishment of international judicial organ considered as the important Topics that have long eaptured the attention of jurists and modern writers, in the field of public international law and even in the field of criminal law .

   The historical evolution has shown the crystallization of the idea of the establishment of this organ through successive stages .It appeared prominently in the wake of the end of second world war .

   At that time established the military courts to punish the perpetrators of crimes such as Nuremberg and Tokyo courts . After that for quite some time, the special courts have established to trait the perpetrators of crimes in some Region that have experienced armed conflicts such as Yugoslavia and Rwanda to prosecute perpetrators of war crimes in the territory of each of   countries and then it has been created a permanent international Criminal Court in 1998.

   The adaption criminal jurists diction of the topics that have long captured the attention the adoption of the Rome statute has entered this court to the field of practical issues by referring to it after the entry into force of the Rome Convention in july 1, 2002 .

   The subject of (pre-trial phase of the study in the Rome statute ) of important topics,it deals with the substantive and procedural justice to this device both shows the composition and organization of the court,it also dealt with the procedural system used by the court to defend the right of this correlation is a sacred right . The study focused on clarifying attributes the international Criminal and the law , which is based upon the Court in the exercise of their functions .

   The jurisdiction of the court has a high degree of importance can not be any court to consider the suit without being competent to ist consideration , whether qualitative or personal jurisdiction or spatial or temporal .

   As to the procedural aspect is as important as the substance of it paints a trigger mechanism penal in front of the international Criminal Court, and the associated identifying those entitled to the establishment of this case and the initial measures that should be taken before proceeding with the investigation (the investigation or reasoning ) then the investigation stage as one of the stages criminal case is important, as is the preparation of legal evidence to support either conviction or innocence .

   Though this stage in international justice generally stage reductase or a brief but exist in any case , even if there is difficulty in the search phase of the investigation the fact that most of the studies that have addressed the issue of the criminal case international did not address in detail to this point or referred to it briefly until they eschew launch the term investigation and they call it the pretrial stage, which prompted us to look at this issue to determine the fractions hoping to achieve what erected to him . God reconciling and reimbursement .

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