International Criminal Law سخنرانی

خلاصه ماشینی:

In order for international law, which until now has mostly originated from the legal principles and policies of the Western countries, to develop—meaning to adapt to the culture, civilization, and inclinations of the nations of other parts of the world and acquire a global aspect—this Commission has been meeting every spring for several years, studying the branches of international law one after another in terms of practice, treaties, judicial decisions, and differences of opinion, both among scholars and between states. However, in the criminal part, the International Law Commission, on behalf of the United Nations General Assembly and pursuant to two resolutions, is to draft a plan regarding crimes against peace and security of mankind by the Nuremberg Military Tribunal, and on the other hand, to study the establishment of a judicial mechanism to deal with international crimes and the trial of persons accused of committing massacres and other international crimes. This introduction requires some explanations: you know that in the criminal laws of all countries, the principle of territorial jurisdiction prevails, and crimes are subject to the laws of the country where the crime occurred, and crimes committed outside the national territory are in principle not prosecutable, according to the famous rule: Extraterritoriumjusdicentiimpunenonparetur, International law, as it entails the sovereignty of states, is consistent with the principle of territorial jurisdiction in criminal matters, but this principle has several consequences: First—during criminal prosecution, neither the judgments of foreign courts have validity, nor the constituent elements of the crime that have been realized outside the national territory.