جرائم التطهير العرقي والإبادة الجماعية

Abstract

The reasons for choosing this topic are that international law lacks a specific crime called ethnic cleansing and genocide in terms of legal classification. The concept of ethnic cleansing has not been legally defined by specific legal texts, but rather emerged through political, cultural, and social action via civil organizations and pressure groups. The concept of ethnic cleansing entered academic circles, and genocide became more clearly defined in the 1970 before its inclusion in criminal law as a legal concept. One of the research objectives is to develop and formulate legal texts that criminalize and punish such crimes. The importance of this research stems from examining the rules of international criminal law and national criminal law regarding the individual criminal liability of war crimes perpetrators, and applying the legal texts that criminalize these acts and punish those who commit them in order to reduce and prevent their occurrence and recurrence, in accordance with international and national criminal law The importance of this research stems from examining the rules of international criminal law and national criminal law regarding the individual criminal liability of war crimes perpetrators, and applying the legal texts that criminalize these acts and punish those who commit them in order to reduce and prevent their occurrence and recurrence, in accordance with international and national criminal law .The descriptive-analytical, inductive, and historical methods were used. Among the most important findings is that international criminal law addresses the individual in various ways, and it does not clearly define the individual as the subject of criminal proceedings and punishment. Furthermore, the role of relevant international and national bodies in defining such crimes and applying the law to them is unclear. Recommendations include clarifying the rules of international law that address the individual in clear, precise, and comprehensive legal terms for such crimes, and defining the limits of individual criminal responsibility.