Application of Domestic Criminal Statutes in regard to International Crimes

Abstract

In order for an international crime to be prosecuted in a domestic court, norms prescribing punishability have to be adopted in the legal system of the respective State. The article analyses issues that come up with autonomous transposition of international criminal law norms into the domestic legal order, based on the example of the Estonian Penal Code. It also seeks to offer an explanation as to why it is necessary to be aware of these issues and what the strategies would be to overcome problems with transposition. Both issues of the special part as well as the general part are touched upon.