Kuda idu međunarodno i nacionalno kazneno pravo

At the time of the civilizational crisis that is escalating towards the third world war, aggressive wars and genocide are entering the international scene again, without real condemnation due to the increasingly sharp antagonism and hypocrisy of the big states and their geopolitical and geostrategic aspirations. The consequence of the collapse of the international order is the global decline of democracy and the erosion of human rights, general corruption and the strengthening of global populism, particularism and authoritarianism. In the context of global changes, with completely uncertain prospects for the creation of a new international order, which will stabilize universal civilizational values, the international criminal law, having reached the level of codification of the most serious international crimes and a high degree of harmonization of national criminal justice systems, is losing its importance as a “crisis discipline” day by day. Its deepening crisis is manifested by the neutralization of the permanent ICC, which, in contrast to ad-hoc international criminal courts, formed to dispense justice to the victors, should function as an instrument of universal justice for both the victors and the vanquished. From the vortex in which the world is falling, the only future for the rehabilitation of international criminal law and the ICC is the establishment of peace and a new sustainable world order, based on democratic principles and respect for the universal body of human rights. Under the influence of global factors, the crisis of the universal human rights and the weakening of the power of states to overcome the internal problems of the decline of democracy, the rule of law and the strengthening of populism, kleptocracy and authoritarianism, modern criminal law is faced with a crisis of its own legitimacy as an “ultima ratio” in combating crime. Analyzing criminal law reforms, especially in countries from our region, leads to the conclusion that the liberal criminal law concept of protection of individual and social values based on the principles of a rational balance between effective protection of human freedoms and rights and limited criminal law repression is exposed to an unstoppable surge of utilitarianism. Its containment is not possible without deep reforms of the national political, economic and legal system, which will transfer the fight against crime from the use of criminal law as the only means, to the area of functioning of political power and authority guided by the principles of the democratic rule of law.