تجريم الانتهاكات الجسيمة للقانون الدولي في القانون الوطني

الملخص EN

In fact, international law conventions do not automatically apply to States, but should begin to be ratified or acceded to by a State.

Under this procedure, the State party is under an obligation to enforce the provisions of the International Convention in its legal system.

The obligation of States parties to ensure respect for international conventions is further rooted in another obligation to take the necessary legislative measures to criminalize serious violations of international law in accordance with the principle of criminal legality.

Many international instruments relating to international criminal law referred to this sub-obligation, but without specifying the process and methods of its enforcement and incorporation into domestic law, States were free to choose the method of criminalization and harmonization, since the matter fell within their national competence.

Indeed, there are many options for enforcing international criminalization rules in the national legal system, such as double criminality, general criminalization, special criminalization and the option of composite criminalization.

Through these options, the State party shall harmonize its national law with international law and incorporate into its domestic order the rules of international criminalization of acts that constitute a threat to international peace and security.