Açıqlama:

When studying the problems related to the application of international law in the prosecution of war crimes, the relationship between international and domestic law in general should be clarified. This issue is a key element in solving the problem of law enforcement as a whole. It should be noted that there is an approach in jurisprudence that an international norm of a criminal nature can be applied both directly and indirectly. In the case of indirect application, it is intended to be applied through the relevant norm of national law. The direct application of a norm of international criminal law means the application of this norm by a national or international law enforcer independently, without any reservation or restriction. One of the key issues in the application of international law is the provision of a system of punishment for activities prohibited by that act. According to the already established general rules of international and domestic law, if the norm of national law does not comply with or contradicts the norm of international law, then the norm of international law must be applied. All civilized countries of the world follow this rule. A criminal law introduced or amended in accordance with an international obligation shall not initially contradict the provisions of an international legal act. However, this issue is within the competence of the legislator.