| The objective of this research is to conceptualize the notion of direct effect in international criminal law, and to explore on the basis of international and comparative national case law under what conditions public international (criminal) law can be applied directly for the prosecution and punishment of individuals. In recent practice, national courts have become increasingly confronted with the question whether a treaty or rule of customary law that criminalizes behavior in and by themselves provides a sufficient basis for prosecution of individuals who have violated its terms, or whether the norms should first be incorporated in national law. The answer to the question what direct effect can be given to a rule of public international law in the national legal order will be considered against the background of principles of, inter alia, legal certainty and nulla crimen sine lege. The assessment of whether international legal obligation is sufficient for prosecution and punishment should be considered in conjunction with the fact that to the extent these crimes are within the jurisdiction of an international tribunal, direct obligation under public international law is sufficient for prosecution (although it must be noted that the ICTFY has in some cases felt in necessary to refer as additional support for prosecution to applicable national law). |
