ПОЈАМ, ПРИНЦИПИ И ИЗВОРИ МЕЂУНАРОДНОГ КРИВИЧНОГ ПРАВА
THE NOTION, PRINCIPLES AND SOURCES OF INTERNATIONAL CRIMINAL LAW

Summary/Abstract: After a long historical development, the second half of the 20th century has inaugurated the new, latest branch of the punitive law – international criminal law. By its legal nature and characteristics it is somewhere between the national criminal law and international public law, maintaining its peculiarity and independence. The basic and most important notion and institute of this branch of law is certainly the international criminal act. In the theory of law, there are several views on the notion and contents of the international criminal act. However, it can be concluded that this notion implies a socially dangerous, illegal act committed by the perpetrator and defined as a criminal act whose perpetrator is to punished as prescribed by the law. Such a defined notion of the international criminal act includes its basic elements, and these are as follows : 1) the act of a man (including the act of an adult person that can be committed in three forms : acting, non-acting and failure to provide proper supervision), effect and causality, 2) social danger, 3) unlawfulness, 4) definition of an act by rules and 5) guilt of the perpetrator. There are two kinds of international criminal acts: international criminal acts in a narrow sense and international criminal acts in a broad sense. The most significant are certainly the international criminal acts in a narrow sense that are directed towards violation or endangering of the universal, general civilization values – international law and humanity – what is actually the subject of protection from these criminal acts. Apart from the international criminal act, the theory of law also includes a foreign criminal act (any criminal act with a foreign element). By all this, these two notions coincide largely, but are also considerably different from each other. In this paper the author has analysed notion, principles and sources of international criminal law.

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