التطبيقات الدولية لقواعد تسليم المجرمين في العصر الحديث: دراسة مقارنة

Abstract

This research is entitled: “International Applications of Rules of Extradition of War Criminals in Modern Era”. It is a comparative study in which the researcher addressed the issue, comparing with Sharia Law, and that is to show: what characterized Sharia compared with contemporary international law, and to highlight that Sharia is valid for all times and places, and it preceded the international law in this area, for nearly five centuries before. This research included four chapters: first chapter included introduction with elements represented in the research, the reasons for choice and problems, where it touched items on the best provided meachanism for the control and orgnization and extradition of war criminals, and it also highlighted the most important legal and jurisprudence regulations, which should work out the issue of extradition, the regulation of the international community ignorance, and neglect of those rules. The researcher found that the best mechanism must be provided to resolve this matter, the States commitment to treaties and agreements concluded with other countries, or the competent judicial authorities, also goverments have to deal with these rules, with non-discrimination, between the countries of the world. As it turned out, that there must be a mechanism or body to prove war crimes, because the quality of such crimes is difficult, and it is also difficult to find evidences of committing war crimes, when asking for extradition. The introduction also included research methodology, its limits, objectives, questions, means, tools, previous studies, and structure of the research. The second chapter discussed, the issue of war criminals, from aspects of, definition, legitimacy, the reasons and importance, this in three topics. In this chapter the researcher defined war criminals in Islamic jurisprudence and law, as well as the chapter dealt with texts which call for extradition of war criminals in Islamic jurisprudence and law, and found that Islamic Law called for extradition of war criminals before the international law. The research also found that the commission of the war crime is the main reason for extradition of criminals, whether in Islamic Law, there is no difference between them. Also the researcher diccussed the importance of the extradition of war criminals in the international community, this is manifested in the maintenance of international peace and security, cooperation, and the fight against war crimes, and deter all who think of committing these offenses. The third chapter discussed extradition proceeding of war criminals, conditions, and effects, and that in three topics: procedures to be followed in extradition of war criminals between the state to which the criminal belongs, and between the requesting party, and also discussed the conditions that must be met until extradition, these conditions are: the criminal who committed and crime, and the crime for which extradition is requested in Islamic jurisprudence and contemporary international law. The research also discussed the effects that result of extradition, where it was found that there is a positive side of extradition, but most of these effects are negative, reflected on the international relations and lead to tense. The fourth and last chapter was entitled: Legal rules of extradition of war criminals between theory and practice, in four topics, theoretical legal norms developed by the international community to extradite war criminals, and the extent of the commitment of the international community applying these rules. The conclusion was that the international community itself does not ad here to the application of these rules, based on the its same commitments but predominates in the application the political and interst nature and that there are a lot of reasons and obstacles that prevent the extradition of war for the party that requested. In the conclusion of this research, we find the most important findings and recommendations reached by the study, and appended to the researcha list of sources and references, as well as the indexes of Quranic verses and hadith, also names and Subject Index of this research.