International Jurisdiction and International Crimes in the Afghanistan Penal Cod

Abstract

Global jurisdiction and international crimes as the latest achievement of human society, which is the result of new experiences of penal systems at the global level and some national systems, has enacted in the new Afghanistan Penal Code. Universal jurisdiction is the newest exception to the principle of territoriality of jurisdictions. Based on this jurisdiction, Afghan courts can even deal with crimes that neither the perpetrator nor the victim are related to Afghanistan, nor is the place of occurrence in Afghanistan, nor is it committed against national interests or Afghan nationals. International crimes are the most heinous criminal behaviors that hurt the collective conscience of the human society, disturb the order and security at the global level, and create a feeling of fear and insecurity in a wide circle, for all people, in it creates wherever they are. The common strategy of human society against this type of anti-human behavior has been to identify examples, criminalize and create coercive enforcement guarantees. Criminalization, due to the involvement of the governments themselves, first took place in the international arena and then reflected in the domestic systems. The result of this process is the criminalization of four new categories of crimes in the Penal Code, which has enacted in 11 articles in the form of 69 general titles and 123 criminal acts, and Afghan courts, in addition to territorial jurisdiction, have given global jurisdiction to deal with them.