Abstract
In order to combat international crimes, often international cross-border crimes, and to face the proliferation of organized crimes, States cooperate among themselves by signing and ratifying international conventions. Although international conventions have certain legal force, they are not enough by themselves to fight international crimes; they need to be enforced by national legislation, which is one of the most important aspects of a state's sovereignty over its territory. The issues of criminalization and punishment are matters of legislative interference; therefore, if international conventions are the indirect forms of criminalization and punishment of international crimes, the national laws are the direct ones.
International conventions are not enough to combat international crimes for sure, unless the national penal legislation, which is based on the principle of legality, punishes expressly international crimes, and give jurisdiction to national jurisdictions for the punishment of international crimes.
States need to review their legislations, with approval of universal jurisdiction for the benefit of the national criminal courts in order to effectively combat international crimes. The adoption of such jurisdiction will allow the prosecution of perpetrators of international crimes, no matter their nationality, the scene of the crime, or the status of the perpetrator (civil or military)
Recommended Citation
Aloutor, Rana
(2011)
"National Legislation in International Cross-Border Crimes,"
UAEU Law Journal: Vol. 2011:
No.
46, Article 2.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2011/iss46/2