قــواعـد إثـبـات إلانـتـهـاكـات الـخـطـيـرة للـقـانـون الـدولـي الانـسـانـي

Rp-Rules for proving serious violations of international humanitarian law.pdf

Abstract
Serious violations of the rules of international humanitarian law are among the most serious types of violations that fall under the list of international crimes, due to the effects that these violations have of violating basic human rights and infrastructure.
These violations are manifested in two types: either related to traditional and contemporary means of combat or to the management of military operations, in accordance with the statute of the International Criminal Court. These violations were distinguished by a specificity that distinguished them from other violations of international humanitarian law, either because of the gravity of the harm to which the international interest is exposed, or because of the procedures used to punish these violations and their resulting effects.
Since these violations constitute war crimes from the perspective of international humanitarian law, there must be an international procedural system for the establishment of criminal responsibility, starting with the process of proof and ending with the issuance of judgements, and this is what we saw in the statute of the International Criminal Court and the procedural rules and rules of evidence attached to it.
The international criminal evidence system included a set of principles and restrictions imposed on the process of proving serious violations of the rules of international humanitarian law. In fact, the international procedural legal system for punishing violations of international humanitarian law, especially serious violations, had a significant impact on proving these violations. However, the process of proof You may face many obstacles, the first of which are obstacles related to the statute of the International Criminal Court, or what are called internal or legislative obstacles in the statute, and others are non-legislative obstacles or external obstacles that limit the effectiveness of the process of proving serious violations.