TRACING THE HISTORY OF INDIVIDUAL CRIMINAL LIABILITY IN INTERNATIONAL LAW
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Abstract
The evolution of individual criminal responsibility under international law marks the advance of modern human rights law, humanitarian law and a more traditional approach to international law; but this issue includes the consideration of both domestic and international law enforcement mechanisms. The roots of individual liability under international law can be traced back to actions constituting piracy of any kind and the notion of slave trading.
Also in matters involving individual criminal responsibility in public international law, jurisdiction to hear the offences is somewhat restricted in nature; moreover the concept of piracy and the universal jurisdiction enjoyed by states over it stem from the long established principle of world community. The principle of world community entails that the primary aim of international law is to enable punishment in each country of offences committed within its national boundary, because only in the nation where the offence has taken place can the evidence of the offence be most probably gathered as that is where the offence generally produces its effects.
Thus the permanent court of international justice observed in 1927 that “in all systems of law the principle of territorial character is fundamental.” Judge Guillaume in his separate opinion in Congo vs. Belgium noted the same.
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