НЕКИ ПРАВНИ ПРОБЛЕМИ МЕЂУНАРОДНОГ КРИВИЧНОГ СУДСТВА
SOME LEGAL PROBLEMS OF INTERNATIONAL CRIMINAL JUDICIARY

Summary/Abstract: The idea of establishing a permanent international criminal court is not new, but most influential states have prevented its realisation until now. Competent for trying persons accused of international criminal offences are therefore still the courts of states trials of principal war criminals have been effected after the Second World War by newly established military international courts (Nuremberg and Tokyo, 1945-1948). After adopting the Convention on the Prevention and Punishment of the Crime of Genocide, the United Nations have undertaken the codification of substantive and procedural international criminal law. This task has notyet been accomplished, in spite of much efforts invested by many international non-governmental organisations. The International Law Commission considers that the Code of crimes against peace and security of mankind, and the Statute of the international criminal court can not be adopted without the unification or, at least, coordination of contents and meannings of some fundamental principles of international criminal law, such as the one of nullum crimen sine lege, nulla poena sine lege and non bis in idem. However, it is necessary to consider also the principles of nullum crimen sine poena and nullum forum sine lege. In the Yugoslav case, particularly significant are the principles nullum forum sine lege and nullum crimen sine lege, since the court for trying persons accused of war crimes in Yugoslavia has been established by a non-competent body - namely, the UN Security Council, and for acts which can not be war crimes because they are committed in a civil war; these acts may be treated only by domestic, internal law.

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