The Criteria Of International Criminal Justice In The Scope Of Constitutionality Formulation In Iraqi Constitutional 2005

Abstract

Human rights and his main freedoms are considered one of the gifts given by the lord (Allah) to man who gets such privileges over all creatures. Such privileges become one of the basic pillars on which the free democratic systems are based and become also the fixed constitutional origins in very civilized democratic country. The criteria of the international criminal justice represent real guarantees to ensure the human rights (the accused charged ) and his basic freedom . for the man is in a sone need to be respected when he is charged or Accused .The practical value of the human rights and his basic freedoms is essentially needed in the police station, jails and arrest centers. In order to ensure the respect of the needed rights in arresting or jailing, the criteria of the international criminal justice become one of the basics that the international community protect through the different international conventions. That is why we find that the national law writer did not only mention them in the normal laws, punishment laws and the law of criminal courts but also mention them in the core of the constitutional document to add the constitutional protection and make them parallel to the constitution and have the same superiority in order not to be infringed or broken for it is great significance .Thus ,the constitutional formulation of the criteria of international criminal justice in Iraqi constitution 2005 has the great role in devoting these principles on the level of normal legislation or on the level of the practical application especially these criteria can not be dispensed for by any country bayed on free democratic system.