International Criminal Law

International Criminal Law

International Criminal Law sets the scope of criminal law and competent court can rule establishing whether outside national territory, where they could proceed, the place of commission of the crime, the nationality of the offender or the victim or the place where the crime produced its effects, and also rule on international cooperation to assist States through the allowing complete rogatory rogatory or procedural measures, or request the extradition of offenders.

It is generally accepted for the purposes of the application of criminal law and the applicable jurisdiction, the territorial system, by which fit the application of criminal laws of the State where the crimes were committed, and jurisdiction of judges that State. The Argentine Penal Code Article 1 Clause 1 and the Treaties of Montevideo of 1889 and 1940 adopt this solution.

However, these are cases of exception to the application of territoriality, the cases of crimes committed in international waters, naval vessels and aircraft and on the high seas, and who are in territorial waters of another state (judged by the law of the flag). In the case of crimes committed by members of a legation shall apply the rules of International Law. In this regard, Article 31 of the Vienna Convention of 1961, referred to diplomatic relations, the diplomatic agent enjoys immunity from criminal jurisdiction of the receiving State.

There are some very serious crimes that attack humanity as a whole, as the crimes of piracy, trafficking or drug trafficking, which allow a State by the principle of universality, to apprehend a criminal, even if the offense does not was committed, or had effects on its territory.

In addition to this international criminal law of each State there is a criminal international law, supranational, autonomous with respect to particular states, where the International Criminal Court has jurisdiction over crimes against humanity known as genocide, war crimes or crimes against humanity all, such as torture or forced disappearance of persons.

Arose the need for this law after the First World War, where the subject appears to judge as the subject of international law. The Nuremberg international tribunal charged with judging the atrocious crimes against humanity have occurred in the Second World War, the International Tribunal for the Former Yugoslavia and Rwanda are the background to the current International Criminal Law.

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