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Max Planck Encyclopedia of Public International Law [MPEPIL]

International Criminal Law

Claus Kreß

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 10 December 2024

Subject(s):
Customary international law — Rule of law — Sovereignty — Codification — Individual criminal responsibility — Command responsibility — Defences — International criminal law, conduct of proceedings — International crimes — International criminal law, evidence — Prosecution — Jurisdiction — International criminal courts and tribunals, composition

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The concept ‘International Criminal Law’ suffers from considerable ambiguity. Its four most important meanings are as follows.2 International criminal law continues to be used to denote those national laws that govern the (extra-) territorial scope of municipal criminal law. This body of national criminal law can also be referred to as the rules on prescriptive criminal jurisdiction. In defining its prescriptive criminal jurisdiction, national legislators have to act within the limits of international law and the limits concerned may also be referred to as...
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