موانع المسؤولية في القانون الجنائي الدولي والشريعة الإسلامية

Abstract

The research aims to study the barriers to criminal responsibility in international criminal law and Islamic law. Analyzing the most important barriers to criminal responsibility that the International Criminal Court takes and stating the position of Islamic Sharia regarding it. The researcher used the descriptive analytical method to show the impediments to criminal responsibility in the international criminal and Islamic systems. The comparative approach to identify the similarities and differences between them. And the critical approach، wherever necessary، during this research. The research concluded with several results; The most important of which is the agreement of the jurists of international criminal law with what the Islamic Sharia brought that the basis and essence of the criminal responsibility of the individual is awareness and freedom of choice. For the possibility of criminal accountability، the offender must have committed his crime consciously and consciously، and that the conscious will is directed towards the material behavior that constitutes the crime. The will to conduct is a necessary condition for achieving criminal responsibility in all types of crimes