On the internationalization of the criminal justice or criminal law as an instrument of war

Abstract

The adoption of the Rome Statute, apparently desirable from the historical landmarks that precede it, was not an easy task because of the ambivalent behavior of the states involved in its conception and has also been severely criticized for its lack of guarantees elaborated and recognized as fundamentals over centuries by criminal law dogmatic. In this investigation the author seeks to question whether this adoption really serves the purpose of internationalization of criminal justice, resulted in highlight its characterization as a system of criminal law or, if it is looking for some institutions of criminal law as tools to meet the punitive euphoria and protect the hegemonic system that sustains it.