International treaties as a source of criminal rule

Abstract

Article 154 AD of the Algerian Constitution of 2020 stipulates that:
“Treaties ratified by the President of the Republic, according to the
conditions stipulated in the constitution, take precedence over the law.”
Therefore, ratification of any international treaty entails an obligation on
the state not to violate its provisions, and to oblige the judiciary to rule on
Its light in the various conflicts before them.
However, the matter is not as easy as we envision, as the articles of the
treaty are general, and do not address the various details that the criminal
rule should have in its both criminal and punitive aspects, so it is difficult
for the judge to implement it, and its provisions may be inconsistent with
the provisions of valid domestic legislation, and accordingly we will
discuss This intervention is the extent to which the return is considered a
source of the criminal rule, and the various difficulties encountered by the
judge when applying it as it became part of the internal legislation after its
ratification.