Suggestions to Confront Crimes against Humanity in Int’nal Perspective

The principle international jurisdiction is one of the basic tools to ensure the prevention of serious violations of international humanitarian law and the criminalization of their perpetrators; it is based exclusively on the nature of crime whose perpetrators deserve prosecution, which allows states to punish criminals based on this principle.

This means that national courts exercise jurisdiction, under international law, for serious crimes against the fundamental interests of the international community against perpetrators of serious crimes.

Hence, perpetrators were punished in accordance with internationally recognized due process rules, as indicated by the United Nations General Assembly that the essential element for applying the principle of international jurisdiction is the commission of crimes against the fundamental human rights of international protection, recognized internationally under specific conventions, or international law norms.

There is a need to reconsider the principle of complementary jurisdiction of the International Court, which entitles the jurisdiction to try international crimes to national courts. Then to the International Criminal Court as a precaution, that is when the national judiciary does not exercise its jurisdiction.

We suggest amending the United Nations Charter in terms of giving the veto power to the twenty-one Arab states. These countries, which have been blessed with black gold, are the lifeblood of most of the world.

This right ought to be maintained in the same way as the permanent members of the Security Council because of the wealth and strategic geographical locations they possess in the Suez Canal, Bab al-Mandab, Hormuz Strait and the Gibraltar Strait.

On the other hand, four Geneva Conventions of 1949 and the first additional protocol of 1977, stipulated that states parties are obligated to search for persons alleged to have committed or to issue orders to commit, violations of the four Geneva Conventions and its 1st protocol.

These are grave breaches- to prosecute these persons, regardless of their nationality, before its courts hand them to another relevant state party for trial.

Finally, this thorny issue needs modest solutions to the controversies and problems raised especially, as this topic is accurate and very sensitive since it pursues and holds accountable owners' immunities.