Legal Grounds for Precluding International Criminal Responsibility Before International Courts

Abstract

The impediments to public international liability are; Consent, legitimate defense, and countermeasures, as well as the barriers to international criminal responsibility are the orders of superiors, coercion, the state of necessity, illness and mental deficiency, then the state of drunkenness, young age, as well as the error in facts and error in law.

The statute of the Criminal Court combines the reasons for permissibility and the reasons for abstaining from criminal responsibility under the name of the reasons for abstaining from criminal responsibility, and their legal effect is the same, represented in not punishing the offender for the behavior he has committed.

The research aims to indicate the cases in which natural or legal persons commit acts that are considered illegal in the first place, but the availability of some conditions gives them the status of legality.

The study concluded that the consent that prevents international responsibility must be voluntary and precedent or contemporary with the act that is not an international project, just as it is required in the aggression that necessitates legitimate defense to be armed, present, and coming to one of the fundamental rights of the state, and it is also required that it be directed to the source of aggression, as it must It should be the only means to respond to aggression and proportionate to it, just as illness or mental deficiency that precludes international criminal responsibility must result in a loss of feeling and will, and the international system considered drunkenness in the voluntary and non-voluntary quality as contraindications to criminal responsibility.

Those in charge of the international criminal legal system must stipulate that coercion on states is also considered a prohibition of international responsibility, as is the case with respect to coercion on natural individuals, and the articles of the Statute of the International Criminal Court related to international criminal responsibility and its impediments must also be reformulated, in accordance with the principle of gradation criminal liability.