Criminal international law

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Penal law or criminal law is one of the branches of the science of law, which has a relationship and link to crime, which is defined as a number of laws established by the state to deter prohibited behavior, so that it threatens the safety and security of the state and the public and expos

Criminal Law
It is a law that organizes the manner in which the criminal is punished, imposes legal penalties on him, defines prohibited and permissible actions, and imposes a penalty for each crime.

Penal law or criminal law is one of the branches of the science of law, which has a relationship and link to crime, which is defined as a number of laws established by the state to deter prohibited behavior, so that it threatens the safety and security of the state and the public and exposes them to danger, and for this reason, penalties are enacted for each Who violates the laws.

Criminal international law
This law is defined as a set of customary legal rules that aim to defend peace, justice and civilization, by imposing sanctions against all violators of the rules of international law, or taking a number of measures that would prevent such crimes from occurring in the future.

This law is defined in another way as a set of legal rules related to punishment for international crimes that violate international law, and this law organizes reactions against international crimes through punishment, and punishment is by taking severe measures against criminals who threaten the international social order and expose him to danger and harm.

It is also defined as one of the branches of criminal law that works to organize a group of criminal problems raised at the global or international level. Examples include crimes against humanity and crimes committed in wars.

A brief history of the emergence and development of the law
Criminal international law appeared during the nineteenth century in conjunction with the development of public international law, and for this reason it is considered one of the modern laws, and the first and second world wars contributed greatly to its development, and we will explain them as follows:

The period following the First World War
After the outbreak of this war and the accompanying great destruction and crimes against human conscience, the issue of the penalties to be applied was raised for the first time, and the first attempt to implement this law was through the trial of the German Emperor (Glion II) in accordance with the treaty that was signed in Versailles, which provides for the establishment of An international criminal court, so that attempt was a first step in the path of the emergence of international criminal law, but the Netherlands at that time refused to extradite the Emperor on the pretext that this matter conflicted with its internal law, which stipulates that extradition is not allowed.

As for the Charter of the League of Nations, it had a different method characterized by (collective prevention), as Article Twelve of the Charter stipulated the criminalization of war, and this law is not resorted to except in the case of legitimate defense.

The Paris Pact, signed on the twenty-seventh of August, one thousand nine hundred and twenty-two, is considered the most important feature that distinguishes the period between the two world wars. the two countries, and a number of other countries joined this pact to turn it into a global pact.

In addition to the Paris Charter, the Geneva Convention signed in the year one thousand nine hundred and twenty-nine, which is related to the improvement of the treatment received by prisoners of war, contributed to the establishment of a number of rules for this law.

The period following World War II
After the end of World War II, which resulted in many violations and breaches of the rules of international law on the part of the German forces, and this resulted in the signing of Moscow on the thirtieth of October in the year one thousand nine hundred and forty-three, which is a statement issued by a number of countries, namely: The Soviet Union , Britain, and America that all those who contributed to the occurrence of these violations and events must be punished.

On the eighth of August of the year one thousand nine hundred and forty-five, the (Nurenburg) Tribunal was established pursuant to the famous London Convention, and the principles of this court were codified by the General Assembly of the United Nations. In Tokyo, a tribunal was established to try Japanese officials and others for crimes committed in the war.

Despite the establishment of many international criminal courts around the world at the end of World War II, they were all temporary courts, and this reinforced the thinking that a permanent criminal court should be found, with the aim of ensuring the security and stability of the international community.

TRANSLATED FROM:

محامي الملكية الفكرية

محامي القضايا المالية

محامي قضايا التحكيم

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