A complete overview of the process of globalization of criminal law

Today, the globalization of law in all its branches has become a reality, despite the existing obstacles and limitations. Without a doubt, criminal law cannot be an exception to this rule. The phenomenon of the globalization of criminal law is a reflection of the process of the history of law and the logical result of the teachings of political philosophy and the doctrine of international criminal law. Despite regional penal regimes and transnational movements, the philosophical thought of penal modernity and the theory of the micro-state and collective wisdom have given a special speed to this huge movement. In such a way that today the globalization of criminal law is considered an inevitable necessity to secure individual rights and freedoms and to comply with the minimum principles and standards of international humanitarian law. The conflict of national criminal systems and the manifestation of this conflict in the legislative, judicial and executive jurisdiction on one hand and the invalidity of foreign criminal judgments in most countries on the other hand have caused the world system to show a tendency towards the globalization of criminal law. Due to the expansion of the scope of crime, the change of identity and the traditional form of international criminology and the impossibility of extraditing many international criminals, the universal ideal of criminal law has been pushed to the limit of reality and the efforts of the United Nations in drafting the statute of the Criminal Court International has met with the luck of many countries of the world. The International Criminal Court, which is the first permanent and independent global judicial institution, with general jurisdiction, has a mission to fight important international crimes in the geographical area of the world. This nascent institution is the beginning of practical steps in the emergence of international criminal justice, and since it plays an important role in the globalization of criminal law, its structure, jurisdiction and enforceable rights have been briefly reviewed in this article.

Keywords:

Criminal law , globalization , national criminal system , International Criminal Court.