محاكمة مجرمي الحرب في الفقه الاسلامي والقانون الدولي-دراسة مقارنة-

Abstract

The study deals with the trial of war criminals in Islamic jurisprudence and international law, where the study adopted the comparative approach in order to draw out the similarities and differences between the position of Islamic jurisprudence and the position of international law in dealing with the issue of prosecuting war criminals. The historical method had a role in monitoring the historical development of the trial of war criminals. The study came in two semesters : The first chapter dealt with preliminary concepts and basic issues about the trial of war criminals in Islamic jurisprudence and international law The first section included the concept of war crimes in Islamic jurisprudence and international law and its historical development. As for the second topic, we talked about the elements of war crime in both jurisprudence. Islamic and international law. As for the second chapter, we talked about the legal principles and rules of international law that govern the trial of war criminals in Islamic jurisprudence and international law during two sections as well. The first topic was about international criminal responsibility in both Islamic jurisprudence and international law, while the second topic was about procedures The trial of war criminals and the guarantees