NCJ Number
52753
Date Published
1978
Length
8 pages
Annotation
CHARACTERISTICS OF AN INTERNATIONAL CRIMINAL COURT DEVELOPED TO DEAL WITH AGGRESSION AND CRIMES OF INTERNATIONAL CONCERN ARE DESCRIBED.
Abstract
NATIONAL LAWS OF SOME COUNTRIES PROVIDE FOR THE CRIMINAL RESPONSIBILITY OF CORPORATIONS (LEGAL PERSONS KNOWN UNDER VARIOUS NAMES IN DIFFERENT STATES). IN OTHER COUNTRIES, ONLY NATURAL PERSONS ARE SUBJECT TO THE JURISDICTION OF CRIMINAL COURTS. THERE IS NO INTERNATIONAL CRIMINAL CODE, AND THIS IS A SERIOUS PROBLEM IN VIEW OF THE PRINCIPLE OF LEGALITY NULLUM CRIMEN SINE LEGE. NUMEROUS MULTILATERAL CONVENTIONS RECOGNIZE CERTAIN ACTS AS CRIMINAL. CONVENTIONS ON INTERNATIONAL CRIMES DO NOT CONTAIN PROVISIONS THAT ARE USUALLY IN GENERAL PARTS OF PENAL CODES, FOR EXAMPLE, CODES ON DEFENSE, COMPLEXITY, AND MINIMUM AGE OF CRIMINAL RESPONSIBILITY. THEY DO NOT SPECIFY PENALTIES THAT ARE INCORPORATED IN NATIONAL LAWS. WHILE RECOGNITION OF THE JURISDICTION OF AN INTERNATIONAL CRIMINAL COURT MAY BE ASSURED BY MULTILATERAL CONVENTIONS, OTHER METHODS MAY BE SUBSIDIARILY EMPLOYED: NEW BILATERAL TREATIES, AMENDMENTS TO EXISTING TREATIES, SPECIAL AGREEMENTS, UNILATERAL DECLARATIONS, NATIONAL LEGISLATION, HOC SUBMISSION OF A CASE, AND TACIT RECOGNITION OF THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN A GIVEN CASE. THE POSITIVE EXPERIENCE OF THE TWO-TIER SYSTEM OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS AND OF THE EUROPEAN COURT OF HUMAN RIGHTS ILLUSTRATES THE ADVANTAGES OF AN EXTENSIVE, PRELIMINARY FACT-FINDING PROCESS. IT IS PROPOSED, THEREFORE, THAT THERE BE AN INTERNATIONAL COMMISSION OF INQUIRY AND AN INTERNATIONAL CRIMINAL COURT. THESE BODIES SHOULD ADDRESS DETENTION PRIOR TO AND DURING TRIAL, THE ENFORCEMENT OF SENTENCES, THE ESTABLISHMENT OF AN INTERNATIONAL PRISON, APPEALS, INTERNATIONAL PARTICIPATION, AND ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT BY MEMBER STATES. NOTES ARE INCLUDED. (DEP)