Document Type : Research Articles

Author

• Nabahan Rashid ALMaawali

Higher Judicial Institute, Nizwa

Abstract

The military judiciary represents a fundamental pillar of the Omani legal system, playing a vital role in strengthening specialized justice and enriching judicial jurisprudence with precise and substantive rulings. This judiciary derives its authority primarily from the Military Judiciary Law promulgated by Royal Decree No. 87/2022 on December 6, 2022, which marks a significant legislative development in the Sultanate. Within this framework, the law criminalizes three of the most serious international crimes recognized in international criminal law—genocide, crimes against humanity, and war crimes—due to their profound threat to international peace and security. This study conducts an in-depth legal analysis of the constituent elements of each of these crimes as defined in Articles (90), (91), and (93) of the Law, while drawing comparative insights from relevant international judicial instruments. The paper also highlights the notable absence of the crime of aggression from the current legal provisions, despite the relative stability of its definition and legal elements at the international level, raising a legislative consideration regarding its potential inclusion in Oman's military justice framework.

Keywords

• International Criminal Law
• Military Judiciary
• Crimes Against Humanity
• Genocide
• War Crimes