General Principles of International Criminal Law and Their Relevance to Africa

Abstract

International criminal law can be conceived of as the definition of crimes and their jurisdictional consequences at the supranational level. It has emerged in the international legal sphere in the aftermath of World War II and seems to subvert some classical principles of national and international law. Traditionally, criminal law is a phenomenon typical of domestic orders, characterized by a high degree of unity and certainty, according to the principle of legality "Nullum crimen, nulla poena sine praevia lege". Instead, the international legal order is highly fragmented and decentralized, and thus the question arises as to how international criminal law is featured in the supranational sphere from the standpoint of both procedural and substantive rules.