Need for development of Principles in ICL

A coherent legal system is which deals not only with the specifics but necessarily a general
ambit of fundamental principles and common regulations universally valid. Hence, ICL as
well just like any other national legal system must consist of a general part which is
determined by a set of general principles and common rules valid for all international crimes
or at least for specific categories of international crimes.

In international criminal law, the so-called indirect system of enforcement, where by national
systems govern trial and punishment under their own rules of substantive and procedural
criminal law, did not require the development of a 'general part'. Up until now, this indirect
system has prevailed in international criminal law. In contrast, a 'general part' of international
criminal law was seen as necessary in relation to the so-called direct system of enforcement
which has been activated less frequently than the above.

The origins of the 'general part' of international criminal law are typically traced back to the
Charters of the International Military Tribunals at Nuremberg (1945) andTokyo (1946).

The case law of these Tribunals has further contributed to the development of the 'general
part'. This contribution, however, is potentially in conflict with the principle of legality. First
of all, the Tribunals have identified or set out the general principles after the commission of
the crimes. Secondly, as the various national systems on which the Tribunals rely sometimes
define these principles differently and contradictions may arise. The principles that are going
to be highlighted in this research paper are

1. Bases of Jurisdiction
2. Statutory limitations
3. The absence of statutorylimitations for certain crimesin international law
4. Nullumcrimen, nullapoenasine lege
5. Ne bis in idem