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RESEARCH PRODUCT

CREATION AND DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW. STUDY ON THE EMERGENCE OF A LEGAL ORDER

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According to a prevailing view, the law of international criminal jurisdictions constitutes a branch of public international law. However, despite a strong institutional anchoring to public international law, this area of law, which is referred to as international criminal law for the purposes of this study, seems to go beyond the framework of public international law. Unprecedented solutions are being developed by international criminal courts to deal with situations referred to them. The international criminal judge plays a key role in this mechanism of overcoming public international law. The emergence of mass terrorism coupled with the trivialization of internal armed conflicts undermines the international humanitarian law that has so far linked international criminal law to public international law. International humanitarian law is no longer a valid channel for linking international criminal law to public international law. This distance allows international criminal law to assert its autonomy. Important structural differences affect international criminal law and public international law and it is no longer possible to ignore the resulting material differentiation. The impossibility of linking the normative set of international criminal law to public international law implies its empowerment. Indeed, international criminal law has specific characteristics of its own. Contrary to what might be imagined, international criminal law has its source on a relatively small scale; the one of the individual. Equally surprisingly, international criminal law draws its force from the model and State structures. Detached from the inadequate model of international public law, international criminal law is now consolidated autonomously around the notion of individualism, with reference to the internal model. Beyond the consolidation of an international criminal law, we are actually witnessing the emergence of a unified or global criminal law.