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Posts Tagged ‘International Criminal Law’

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

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

Yet they are cases of exception to the application of territoriality, the crimes committed in international waters, naval vessels or aircraft and committed at sea, and they are in territorial waters of another state (judged by the law of the flag). In the case of crimes committed by members of a delegation shall apply the rules of public international law. In this regard, Article 31 of the Vienna Convention of 1961 refers to diplomatic relations, the diplomatic agent shall enjoy immunity from criminal jurisdiction of the receiving State. Read the rest of this entry »

The history is largely the realization of the failures of justice in their fight against impunity for those who have committed the most serious crimes of concern to the international community. Its authors, paradoxically, were not even prosecuted by the inability of states to initiate criminal action against even the authorities themselves as instigators or responsible for serious crimes.

Fundamentally, human rights law and international humanitarian law or the law of armed conflict as part of international law governing the protection of individuals against abuse of power and international subjects’ behavior in case of war or under the same, establish a system to ensure compliance effectiveness, so that the violation of its rules is an unlawful act or unlawful, that produces or generates a responsibility, and, where appropriate, the imposition of a penalty.

However, the existence of international criminal courts does not absolve states of their primary duty to exercise criminal jurisdiction over those responsible for international crimes, killing? Culture of impunity?.

Both the four Conventions of 1949 (art. 1) and Protocol I of 1977 (art. 1.1) sets out the commitment of States Parties to respect and enforce its provisions in all circumstances.

The four Conventions of 1949 provide a very precise obligation by States parties: the? Take appropriate legislative measures necessary to provide effective penal sanctions to be applied to persons committing, or ordering to be committed, any serious infringement ‘against the agreements.

Professional application
It aims to provide participants general knowledge about the system that is based International Criminal Justice, providing essential knowledge for those working or intending to work in the future in the field of international relations, the practice of law and international criminal law or of international cooperation.

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. Read the rest of this entry »