π§ͺ Introduction
International Criminal Law can be defined in both broader and narrower terms. In this document, we explore its essential components and structure.
π Broad Definition
International Criminal Law encompasses three main components:
- Application of National Criminal Provisions
- Establishes principles for the validity of national criminal law.
- Criminal Law as a General Concept
- Divided into two types: a. International Criminal Law applied before the ICC and certain ad hoc forms of international criminal justice:
- Material International Criminal Law: Concerns general criminal law institutes.
- International Criminal Procedural Law: Pertains to rules governing procedures before the ICC and other international courts. b. Part of National Criminal Legislation:
- National Material Criminal Law: Contains international criminal law components, primarily protecting values upheld by international law.
- National Criminal Procedural Law: Involves international law components in both narrow and broad senses.
- International Criminal Legal Assistance.
π Narrow Definition
In a narrower sense, it contains two main components: I. Material International Criminal Law (with general and special parts) II. International Criminal Procedural Law, viewed in both narrow and broad senses:
- Narrow Sense: Procedural law applied in ICC procedures and ad hoc forms.
- Broad Sense: Encompasses all significant procedural norms:
- Norms in narrow procedural law.
- Norms regulating national criminal systems.
- Norms for international legal assistance.
- Norms relating to the protection of human rights.
Key Takeaways:
- International Criminal Law is multi-faceted, combining national and international elements.
- It is crucial to understand both procedural and material aspects for effective application.
- The interplay between national and international laws shapes the enforcement of justice globally.
