TEMPORAL VALIDITY OF INTERNATIONAL CRIMINAL LAW

The article explores some problems of temporal validity of international criminal law. In particular, the work considers the issue of establishing the moments of beginning and end of international treaties. This issue is analyzed in two aspects: firstly, in relation to the international treaty itself, and secondly, in relation to a particular state. At the same time, the characteristic features of these two varieties of the operation of an international treaty are highlighted. Characterizing the operation of international criminal law in time as a whole, the authors note that international treaties provide for a general rule that it enters into force in the manner and on the date provided for in the treaty itself or as agreed between the states participating in the negotiations, however, under certain conditions, the treaty or part of the treaty may be applied provisionally until the entry into force of the treaty. Regarding the entry into force of a treaty for a particular state, the consent of the state to be bound by the treaty may be expressed by signature of the treaty, exchange of documents constituting the treaty, ratification of the treaty, its acceptance, approval, accession to it, or in any other way that agreed. As a rule, international treaties in the criminal law sphere require ratification. Similarly, the authors consider the issues of termination of a treaty. In addition, the article touches on such problematic issues as determining the time of the offense, as well as the retroactive application of international criminal law. The authors pay special attention to a comparative analysis of international norms characterizing the temporal validity of international criminal law, and the correlating norms of Russian criminal law.

international criminal law, temporal validity, entry into force, loss of force, retroactive application, ratification, ultra-activity, international treaty, criminal law, signing, approval, accession

Knyazkina A. K., Silchenko E. V. Temporal validity of international criminal law. Business. Education. Law, 2022, no. 3, pp. 234—238. DOI: 10.25683/VOLBI.2022.60.330.