EIRP Proceedings, Vol 4 (2009)

Abstract

The absence of an international criminal jurisdiction at the end of the second milenium, taking into consideration that the criminal acts with worldwide fame had grown, forced the international community to create a common court that would have the power of a punishing instrument for the illicite erga omnes. Through the specific role of this Court, which is - to be an international Court and due to the lack of an international code of criminal law and procedure, the problem of the applicable law was elegantly solved by the Court Status. Practically, the definition of „ applicable law" is equivalent answering to the question: „What normative rule can be applied from the procedural point of view?" and also to the questions: „ Where are the definitions of the crimes for wich the Court is competent to judge of or for which any person could be judged for by this Court?"