Luật hình sự mang đặc tính riêng của nó, đó là (1) Nêu ra cụ thể những hậu quả có thể xảy ra cho những ai không chấp hành nghiêm chỉnh và (2) nêu ra các yếu tố cấu thành tội. Những hậu quả có thể bao gồm tử hình, khổ sai (đánh đòn, hành hạ), cải tạo giam giữ hoặc không giam giữ (án treo cho tại ngoại) tùy theo các cấp thẩm quyền khác nhau. | After Pinochet the role of national courts 69 judgment were based on a theoretically simple - but politically explosive - premise no rule of international law existed to prevent the arrest in London whether for the purposes of prosecution before the English courts or for extradition to a third state of an American or Chilean national for acts occurring outside the UK and involving no real connection with the territory or nationals of the UK. The Pinochet judgment was a landmark because it emphasised the role of national courts - Spanish and English - for the prosecution of the most serious international crimes. It relied on three principles 1. that there are certain crimes that are so serious that they are treated by the international community as being international crimes over which any state may in principle claim jurisdiction 2. that national courts rather than just international courts can - and in some cases must - exercise jurisdiction over these international crimes irrespective of any direct connection with the acts and 3. that in respect of these crimes it can no longer be assumed that immunities will be accorded to former sovereigns or high officials. The emergence of these principles is closely connected to the proceedings at the Nuremberg and 70 PHILIPPE SANDS Tokyo war crimes tribunals addressed by Professors Clapham and Overy in their lectures. In his lecture Professor Clapham addressed the contribution which the Nuremberg proceedings have made to the subsequent development of international He described the way in which the substantive norms of international law - both international human rights law and international humanitarian law - have been influenced by the emergent principles which the Nuremberg judges developed and applied. He described the complexities of the law the prospects and challenges of the emerging principles governing liability for complicity in war crimes crimes against humanity and genocide and he concluded by touching on .
