Does International Criminal Law interfere with National Criminal Law?
Based on the examples of international courts and national courts mentioned above, it proves that criminal acts (crimes), even though these crimes are regulated as international crimes, national courts in national criminal law still have the right to regulate them and try the perpetrators of these crimes based on the provisions of national laws and regulations that exist in each country in national criminal law.
These things also prove that International Criminal Law does not interfere with a country's national criminal law. International criminal law actually originates from two fields of law, namely international law which regulates matters related to criminal justice and national criminal law which contains international dimensions.
International criminal law itself is coordinative in nature, which means that international criminal law aligns the interests of each country (national law in general) equally with one another.
International criminal law also does not interfere with relations between independent and sovereign countries because international criminal law has a principle of non-intervention, which based on this principle, an independent and sovereign country may not take actions of interference in various domestic problems of other independent and sovereign countries unless it is permitted and approved by the country concerned.
This principle of non-intervention in international criminal law is applied by Indonesia in helping to resolve the Cambodian problem by holding the Jakarta Informal Meeting (JIM) which became a means of peace negotiations between Cambodia and Vietnam assisted by Indonesia.
During the implementation of the conflict between Cambodia and Vietnam, the Indonesian state was only a mediator in these negotiations so Indonesia did not interfere in the decisions made between the two countries but only helped mediate the two countries in conflict and the Indonesian state remained steadfast in not interfering in the two countries.
*This article is the personal opinion of the author and does not represent the views of the editors Criminal Law Literacy Indonesia.
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