The ‘General Part’ of Transnational Criminal Law

This article explores whether there is a general part of transnational criminal law. It looks at what is meant by a general part in the theory of criminal law and then at the development of a partial general part of international criminal law in a strict sense. The article undertakes a general survey of all primary instruments to explore the level of consistency of terminology and to show how this consistency has potentially shaped the scope of culpability and criminalization in participating states. This survey concludes that there is an embryonic general part in transnational criminal law. In doing so, the article explores the reasons why it takes this rudimentary ‘minimalist’ form and examines some of the potential consequences for the domestic criminal laws of participating states. In closing, it suggests that the label ‘embryonic’ is justified because the weight of accretion of practice has the potential to push participating states towards greater harmonization of the essential principles of their criminal law and, thus, a more developed general part of transnational criminal law

Criminal law · Criminology · Political science · Sociology · Criminal Law and Evidence · European Criminal Justice and Data Protection · International Law and Human Rights · Law