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Islamic Criminal Jurisdiction Within The ICC

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Chapter Summary

One of the serious problems within the system of international criminal law has been the problem of its implementation. Two of the most recognised positive contributions to the problem of implementation of international criminal law are the Nuremberg and Tokyo Tribunals. There are certain general principles of criminal law that have to be respected and should not be violated by the implementation of criminal jurisdiction. The main purpose of criminal justice in Islamic law and the ICC is to prevent injustices and thus it would be contrary to the purpose of justice to punish a person twice for the same criminal conduct. The international criminal court (ICC) can only function on the basis of its Statute which lists the substantive crimes according to which the ICC is empowered to establish its proceedings. The substantive crimes under the provisions of the ICC are war crimes, crimes against human, genocide and aggression.

Keywords: international criminal court (ICC); international criminal law; Islamic criminal jurisdiction; war crimes



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