Closed borders and open confrontations, wide open: the challenges of International criminal justice With modern technologies and pandemics

Document Type : Original Article

Author

Al Maqal university , law, Iraq-Basrah

Abstract

Within the framework of the four traditional crimes of international criminal justice represented in the crimes of aggression, war, genocide, and crimes against humanity, its concepts are also no longer as they were in light of technological progress and the spread of pandemics, which requires reconsideration of their elements and pillars, otherwise we will face impunity.
At the level of the two crimes of genocide and crimes against humanity, they were seen as state crimes, which are only committed through its agents, because they are the only ones who are able to possess the tools to commit these worst and most extensive crimes, and therefore we see legal literature and judicial applications at the beginning that gave the policy condition importance Large, but this is no longer the case in light of technical progress and the spread of epidemics.
As for the two crimes of war and aggression, despite the interpretation that we have adopted to deal with modern technologies and our emphasis on the possibility that the attack through modern technologies constitutes one of these two crimes if the rest of its pillars become available due to the flexibility of formulating provisions of the international legal rules in force, dealing with pandemics requires a more detailed approach that distinguishes Between the making of the pandemics and its spread.

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International Journal of Doctrine, Judiciary and Legislation
Volume 1, Issue 1
Issue 1,2020
2020
Pages 118-139

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