المعلومات السرية وشرعيّتها قانوناً في المحاكم الدولية الجنائية

Abstract

The secret information and its legitimate in the International penal courts Prove secret information in the international penal courts is an evidence or guide that we tried to show in our research , to count it as an evidence Against the accused from the general issue office and to depend on it as evidences against him weather it was an accusation or judging , it was not right from the legal point of view in it , he in this way either put it in trouble even if he little did so he hit the justice heart that its said these courts didn’t come only to fix their rules and put their respect .Secret prove information recognized which the text came to it in these courts specially in the treatment rules to Yugoslavia and Rwanda courts And the system of international penal dynamic court – Rome court – that it did not show to the accused and his defender to chain the discovery about it because of its secret for him for causes justified that it was concerned to the coming investigation stages or it is concerned to the general profit or national secure to state or to protect the witnesses and the victim, and through that it is possible to con of his rights specially if we point to these evidences which the general issue produces it against the accused in the court in material evidence or witnesses without allowing him to discuss what does it contain or even know the identity of the person who witnessed against him , we noticed not showing these information to the accused did not given by Yugoslavia and Rwanda system there achievement rules pointed to it Articles ( 66 / G , 69 , 70 ) , for not allowing to declare it because it is concerned to the national secure to any state or to protect victims without proceed the text or to tail it with the necessity of not touching the accused rights and protecting it without facing depending on these evidences with the legitimate of law, so control its declare on some of evidences due to the upper causes which must not cause legal deform to these rights . While Rome system it confessed that in spite of not declaring according to Articles( 68 / 5 , 72 / 5 ) so that will not prevent producing it summarized to the accused and it is contrary View in the court if it is confessed with the prove of the court in its system and executive rules as general principals penal which it followed it but in real it departed it . So to call for the general issue to the official International organizations and united nations officials to discover of which they have from secret information as their achievement to their Missions in same time of these events formed a break to the international human law , it was in a picture of primary circle decision of Yugoslavian court and due to general issue which concern the agreement to lift The protect to those to make it possible to give material evidence or documents or to give witnesses specially when the request given to The international committee to the red cross which was in contrary With the neutralism principal which the committee took it as a way To do their human missions , which urge it to appeal in front of The appeal office to that court to end that it contrary with the work. Of the committee so it can not be obliged to produce any information Unless it advance that have ability in this to make balance the security That it has from it and the principal of execution which it works by it , because there is harm from declaring it , but from other point of View that who declare this decision , that the court from not asking Its general issue or through request the accused may produce which does not touch the call international organization officials or United Nations Officials to produce any evidence can a quite him and this is a Mater we protest on its justice when it touch the evidence according the request of the general issue and some times through security Treatment to get evidences which is secret information summarized or copied or documents without clearing from it in the same way. At last depending on these evidences which came from secret information From the general issue office it con in the path of his office in taking any proposals ,he can take them through informative team pay fees to get it , which lead to producing to a false news , we protested Against that after following to its way real depending without checking in it from team that has legal experiment , as an executive depend from the judge institution in complete details in the mechanic Work of Rome court which it is given summarized and corrected To the accused who can not discuss it in details , to deform it. It is a great fault on the right execution though depending it in this court and it is a fault can effect their decisions from judges and it is from human hidden secrets it will take time from any judges it produce Which founded its affect and the prints from the evidences it has Against the accused