The general principles of law within the framework of International Criminal Judiciary

Abstract

General principles of law are recognized by civilized nations as a third source of international law according to the text of the article (38) of the Statutes of the Permanent Court of International Justice (PCIJ) and International Court of Justice (ICJ) are a manifestation of international law. The international law to include not only conventions among states and international customary, but also include general principles of law recognized by civilized nations within their national legal systems, which a rise to an international level.Unlike the Permanent Court of International Justice (PCIJ) and International Court of Justice (ICJ), international criminal courts have made clear their methodology for making sure the existence, content, and scope of general principles of law. If the principle is a basic human right contained in international treaties, for example courts must be established by law, nullum crimen nulla poena sine lege, the presumption of innocence, and that an accused should be tried in his presence.The entire outcome of an international trial may depend on the existence or not of a general principle of law, and the conviction of an accused may depend on the existence or not of a general principles of law.

Keywords

• principles
• criminal law
• international criminal
• international judiciary