EIRP Proceedings (Jun 2009)
The Applicable Law by the International Penal Court
Abstract
The absence of an international criminal jurisdiction at the end of the second milenium, taking intoconsideration that the criminal acts with worldwide fame had grown, forced the international community tocreate a common court that would have the power of a punishing instrument for the illicite erga omnes.Through the specific role of this Court, which is - to be an international Court and due to the lack of aninternational code of criminal law and procedure, the problem of the applicable law was elegantly solved bythe Court Status. Practically, the definition of „ applicable law” is equivalent answering to the question:„What normative rule can be applied from the procedural point of view?” and also to the questions: „ Whereare the definitions of the crimes for wich the Court is competent to judge of or for which any person could bejudged for by this Court?”
