INTERNATIONAL CRIMINAL RESPONSIBILITY OF COMMANDERS FOR WAR CRIMES DURING CONFLICTS ARMED FORCES OF A NON-INTERNATIONAL NATURE
International criminal responsibility is one of the important topics on which International Criminal Law is based, as it holds a person accountable for his criminal act by subjecting him to the punishment prescribed by law, war crimes are one of the oldest international crimes that the international community tried to identify early, and limit their results to warring armies only, and violations between belligerents accompanied by behaviors tinged with brutality and extreme cruelty to achieve victory due to the lack of organizational rules in the fighting, since the decision of war and the method of its implementation are ordered by commanders on the battlefield or outside, Which results in the commission of serious crimes that are a violation of international humanitarian law, whose humanitarian rules came to alleviate the scourge of wars and minimize their losses, many international crimes that are a violation of the international legal order, Article "VIII" of the statute of the International Criminal Court enumerated war crimes based on The Hague Convention of 1907, and the four Geneva Conventions of 1949, in practical and legal, Thus, criminal intent plays a fundamental role in assigning international criminal responsibility, whether under domestic or international law, by bearing the responsibility for the crime and being subject to the punishment prescribed by law, as international jurisprudence is divided into three doctrines :- The first: he denied that responsibility for the individual and made the state responsible for international crime, while he took the second doctrine: the principle of dual responsibility and the third doctrine: he embraced the principle of individual responsibility in international law through the Nuremberg, Tokyo, Yugoslavia and Rwanda trials, so the study tagged with the international criminal responsibility of leaders for war crimes during armed conflicts of a non-international nature aims to clarify the provisions of the international criminal responsibility of leaders in accordance with the provisions of International Criminal Law and the rules of international humanitarian law for grave violations committed during armed conflicts that war crimes within the jurisdiction of the International Criminal Courts, The problem of the study lies in the issues raised by the international responsibility of leaders and the practical problems it raises, so the question centered on the person who Bears International Criminal Responsibility in International Criminal Law was answered, is it the sovereign state Or an individual who works in her name and for her benefit On the one hand, and on the other hand, I was exposed to the standard adopted by the International Criminal judiciary to hold the International Criminal accountable based on the Rome Statute and the development that took place in this regard, and I also followed a research methodology based on a descriptive analytical study through which the research was divided into three balanced investigations, the first, The second topic dealt with war crimes during non-international armed conflicts and the third topic dealt with the contraindications of International Criminal Responsibility, and ended with a conclusion to the research and recommendations.
Keywords: International Criminal Responsibility, War Crimes.