The difference between international criminal law and international law Criminal.
Whenever a new part of public international law appears, local jurists who specialize in this part begin to claim that the new law is nothing but an extension of domestic law at the international level, and the nature of this law is better than the international one. In fact, this statement is true if it is accompanied by a clear understanding of the characteristics and effects of this expansion.
From a sound legal point of view, the practice of not distinguishing between terms is void. Claiming that the introduction of an international character or its delay in naming the emerging branches of law has no effect on its content and subject matter, and that the matter is ultimately related to one legal system and not two different legal systems.
Some jurists are of the opinion that it is not possible to agree to this confusion in the naming and considering them as synonyms, and the reason for this is due to several reasons, which are:
- The absence of local legal scholars in the presence of an international community that includes social phenomena similar to those in the local community and needs laws to govern them. International of the same attacks.
- independence of international criminal law from international criminal law; Because each of them has a goal that he wants to achieve and a topic he needs.
- Both are independent legal branches and belong to different legal systems.
International criminal law is defined as a set of legal rules used to regulate problems arising from conflicts between national sovereignty and the sovereignty of other states when a crime occurs, as if the crime had been committed by a single person within the territory of a state other than the state. The country to which he belongs, or a person has fled to another country after committing a crime on the territory of a particular country.
It can be said that international criminal law is a branch of domestic criminal law, which includes determining the legal system of national criminal law that contains international or foreign factors.
In contrast, international criminal law is, in most cases, the product of unilateral actions of states, where states regulate the relationship between their criminal law and the outside through legislation and justice, and international treaties may contribute to the formation of the rules of this law. law, but the provisions of this treaty are based on the domestic criminal law of the country. In addition, the topic of international criminal law includes the so-called global crimes or crimes of domestic law of an international character, which is a group of crimes related to the nationality of the offender and the place of the crime under special circumstances.
The difference between international criminal law and international law Criminal:
- In terms of their purpose: International criminal law seeks to protect international public order and, in the first place, to protect human rights. As for international law criminal, it seeks to protect the internal public order, as well as to protect the interests of the state, even if the crime occurred outside its borders.
Examples of such offenses are those that occur in the high seas region and cannot therefore be punished according to the territorial principle of criminal law; Because this area is not subject to the territorial jurisdiction of any country, and since this crime threatens the security and safety of maritime transport for most countries, all countries cooperate with each other in order to punish the perpetrators wherever they are.
There are also many crimes with which countries have concluded international treaties to regulate international cooperation to prevent and punish their commission, such as the slave trade, trafficking in women and children, narcotics, counterfeiting and counterfeiting currency.
- Subject matter: International crimes committed by individuals on behalf of the state are inherently the subject of international criminal law. The sources of crimes and penalties stipulated in international law are diverse, and the rules of domestic criminal law are the sources of crimes and penalties stipulated in international law.
- Regarding the judicial institutions that apply legal norms: the courts that have the power to try crimes punishable under international criminal law are the national courts of one of the countries involved in the crime, that is, the country of nationality of the offender or victim. or crime committed on its territory. The International Court of Justice has the authority to deal with crimes punishable by international criminal law as a general rule.
Given that the jurisdiction of the International Criminal Court and the jurisdiction of national judicial organs are complementary, on the other hand, the jurisdiction of the Court is limited to certain international crimes. If national courts can share this jurisdiction, they sometimes have a monopoly.
- In terms of jurisdiction: International criminal law refers to public international law, which is one of its branches, while international law criminal refers to internal criminal law, which is one of its branches.
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