МЕЂУНАРОДНО КРИВИЧНО ПРАВОСУЂЕ: НАСТАНАК И ИСТОРИЈСКА ЕВОЛУЦИЈА
INTERNATIONAL CRIMINAL JUSTICE: ORIGIN AND HISTORICAL EVOLUTION

Summary/Abstract: The idea of a universal criminal justice has its roots in the distant human history. However, not before the 20th century have such ideas started to take shape as legal issues. There were two major obstacles in the way of establishing an individual culpability in the international criminal law. First, states and not individuals were exclusive subjects in the classical international law. Therefore, the establishment of criminal norms of the international law, first and foremost, required the recognition of an individual as a subject of the international law. Second, it was necessary to overcome a defensive attitude of states towards the external influences, which was deep-rooted in the concept of sovereignty. Nevertheless, those obstacles were overcome. Within such a context, the evolution of the international criminal law was stimulated by the universal tendency of the contemporary international law to strengthen the position of an individual.

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