Certain Issues of the Correlation between International Criminal Law and National, Domestic Criminal Law

Nowadays, the issue of the correlation between international criminal law and national, domestic criminal law is becoming increasingly relevant. The formation and development of international criminal law are well-known to everyone. The functioning of international criminal law and the fulfilment of its set tasks depend on the current international situation in the world. The state of peace or war in the world determines whether the tasks of international criminal law are fulfilled or not. For its part, international criminal law should also have an impact on maintaining peace in the world. This should be the case essentially; thus, often the legal reality (the essence) does not correspond to its ideal function. It is true not only for domestic, positive law, but also in international criminal law. International criminal law influences the state’s domestic criminal law policy and vice versa. This interdependence and causality are driven by the joint interest in combating international crimes. However, the fundamental role, status, and interest of each state differ in this regard, which is the basis for implementing distinct criminal law policies. In this case, also noteworthy is the role of European Criminal law. It is significant to consider the attitude of states towards European and international criminal law and to implement their domestic criminal law policies in accordance with their fulfilment or non-fulfilment of their requirements.