Development in public international law and international criminal law has similarities and differences. Its similarities depend on the exclusive identity of international community which determines theirlegislation and sanctionway and their differences are due to each of the two legal realms’special identity. In international public lawpassing of law is comprising to linked right and duty, but it usually causes duty not right, so governments, unfortunately considered the dominant power of international community, do not tend to this. The evidence of this claim is exceptional responsibility resolver excuses about war crimes in international articles of association criminal court.Yet, human community conscience urges trial and criminal responsibility for human and humanitarian rights’ violators,because of the calamity of committed crimes in the realm included in criminal law. Due to it, approaches such as nuclear, deductive rights is created to cover the lack of a contract, but one should consider its conflict with the principle of crime and punishment’s legality inall introductions, and it does not require no-conflict development of legitimacy.
