A Subjective Approach to the Idea of Foreseeability as an Element to the Criminal Guarantee in Penal International Law

  • Francisco Salvador de la Fuente Cardona Universidad Complutense de Madrid
  • Margarita Valle Mariscal de Gante Universidad Complutense de Madrid
Keywords: principle of legality, criminal guarantee, foreseeability, international criminal law

Abstract

By this piece of work we suggest an issue which the criminal guarantee face in International Criminal Law, that is to say, the treatment that the idea of foreseeability tends to be given. While the criminal guarantee had been developed on the basis on the cornerstone of a formal law reserve this has been altered when introduced to the core of international law bodies so this statement has been changed for the resource to such idea. A point of controversy consists of the extent to which a subjective approach would be feasible to an idea of foreseeability which truly provides a guarantee.

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Published
2020-09-22
How to Cite
de la Fuente Cardona F. S. y Valle Mariscal de Gante M. (2020). A Subjective Approach to the Idea of Foreseeability as an Element to the Criminal Guarantee in Penal International Law. FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época, 22(1), 181-209. https://doi.org/10.5209/foro.66645