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Posts Tagged ‘International Law.’

It is the branch of law that defines international crimes and regulates the functioning of the courts competent to hear cases in which individuals incur international criminal responsibility, imposing the sanction. The emergence of this branch represents an important evolution from classical international law, which was essentially interstate and did not consider the person as a subject of international law. International criminal law is to determine the behaviors that violate social interest against a universal significance, whose protection requires the criminalization and enforcement of sentences imposed by the Member States of the international community, through national and international performances, collective and cooperation.

Attaches to a classification of the types of crimes of international criminal law: crimes against peace (preparation, initiation and waging of a war of aggression). War crimes (grave breaches of the law of war committed during an international armed conflict) Crimes Against Humanity (serious offenses against life, physical integrity, freedom or human dignity committed with the support of state power. against a person or group of persons belonging to a culture, race, religion, nationality, political conviction or determined).

The history of International Criminal Law I go back to school natural law of Francisco Vitoria, Francisco Suarez, Hugo Grotius, or the attempt to extradite the Kaiser Wilhelm II by the Treaty of Versailles, after World War II, the Tribunals of Nuremberg and Tokyo, but after the Member States of the United Nations has developed a truly international criminal law.
After the First World War, is when there is the creation of a truly international criminal tribunal to prosecute those responsible for crimes committed during the conflict. This is provided for the Seventh Part of the Versailles Treaty of 1919 to try the Kaiser Wilhelm II of Germany but the Netherlands offered asylum to the emperor, which frustrated the initiative. Read the rest of this entry »

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 »

Finding the Best Attorney Criminal Defense – Law and legal systems around the world is very complex and varied assortment of rules, regulations, and guidelines. For most countries, there are cultural and legal foundations for more formal, and understanding all the various aspects of the law is what the best criminal defenders trying to do.

Although there are agreements and open communication with many countries, there is still a complex issue involving the court, documentation, waiting periods and a large number of follow up. The complexity of international and domestic law can overwhelm even the most dedicated and organized individuals. For example, there are issues such as immigration, international business, families, corporations and civil rights and criminal defense issues can overlap across the boundaries defined and the legal system.

Someone needs the best criminal defense lawyers, especially if it is foreign to the state, may not know where to turn for an aggressive legal defense, knowledge, and reliable. A good place for these individuals to see will be in a company that has worked well in immigration and criminal law at the international and domestic levels. Read the rest of this entry »

Individualization of international obligations

The existence of customary and treaty norms applicable in internal conflicts is now more subject to doubt. Moreover, the question of whether the norms of humanitarian law are addressed only to states – which would be the only ones to take responsibility for non-compliance – or also go to the individual who is then likely of rape directly by his behavior, now also seems resolved in favor of the latter possibility, it is a domestic or international conflict.

It quickly highlight the fact that the substance of the rules of Article 3 common to the four Geneva Conventions of 1949 and of Additional Protocol II thereto (eg Article 4 relating to fundamental guarantees) is often referred to individual acts, there exists an obligation to broadcast (Protocol II, Article 19) and the obligation to “enforce” the rules of humanitarian law (which is a component for the state to force the Compliance with these standards not only their bodies but all persons under its jurisdiction) is also applicable in internal conflicts . All these elements contribute to the affirmation that this is also the law applicable in such conflicts to regulate the conduct of individuals.

We can not overlook in this connection to refer to the following statement of the International Military Tribunal at Nuremberg: “[t] are men, not abstract entities that commit crimes whose punishment is necessary, as a sanction International Law.