International criminal offences : a detailed study

Abstract

A penal provision is enacted primarily to suit the particular interests of the State by which it is made. In fact, it is said that crimes are a local matter to be dealt with by the Courts of the State where they are committed according to their own particular laws. Legislation, therefore, tended to make crime a purely domestic affair. With the advent of better communications the need was felt not only to afford protection against those acts which undermine the security of a State but also against those in which such security is not directly attached. A more progressive attitude was later taken, bringing within the sphere of a "criminal offence" all those acts which go against the interest not only of one particular state, but also of other states at large. The necessity was felt to treat crime on a supranational basis and various instances can be quoted where a number of states have convened with a view to producing one set of criminal provisions to satisfy the needs of all participating states. Crime, then took the form of an international malignity and criminal policy in this sphere delt with those offences which of their very nature violate extensively the interests of a plurality of states. As such to-day we have certain offences which are known as 'International Criminal Offences'. This term has captivated the immagination of many politicians and over-eager international lawyers, who having taken it to their liking seem to be calling every criminal act which has an international bearing, an international criminal offence. Throughout this thesis, it is proposed to examine certain acts which are commonly denominated as international criminal offences and to illustrate to what extent, if at all, is one justified in giving them this nomenclature. The acts this thesis will be dealing with are: "War", "War crimes", "Genocide", "Piracy" and "Aircraft hijacking".