The principle of joint jurisdiction in the international criminal judiciary

10.2478/bjlp-2022-007099

Abstract

The principle of joint jurisdiction is one of the principles that have been found for the international judiciary to be directly able to compete with the national judiciary to consider cases of concern to the international group, by requesting the dependence of the state with the authentic judicial state. The principle of joint jurisdiction was able to define a common relationship between the international and national judiciary, by focusing on taking advantage of the effectiveness of the two judiciary in order to reach the rules of justice, so His Highness is to eliminate the other, and at the same time it is not objectionable to resort to aspects The actors of each judiciary separately in order to reach justice in the shortest and most effective way, according to the principlend pre -trial procedures such as investigation and gathering evidence, as it is the most capable of the ground. It is also possible, on the other hand, to rely on domestic law with regard to criminalization and punishment, while the authority to decide is given to the international judiciary, being the closest to neutrality and farthest from being affected by the dimensions of the internal affairs of the state, because most of these cases are in contact with the internal affairs of states.