Normative consecration of international individual criminal liability in international law
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 40, Issue 1
Abstract
The horrors of the two world wars, reproved by the entire international society as inevitable consequence had the establishment of the mechanism of international liability of individuals who have committed war crimes. The statutes of the two international military tribunals established after the Second World War laid the foundation of a new branch of law - International Criminal Law. Among the principles recognized in the statutes of the tribunals, a special role-plays the principle of international criminal liability. Namely, the legal establishment of the international individual criminal liability in its time marked a "revolution" in Public International Law. Nowadays, the international society marked by the presence of multiple military conflicts, which inevitably involves committing of war crimes, should consolidate all the potential in order to counteract them and to punish those guilty of non-compliance with the International Humanitarian Law, which constitute war crimes. This can be achieved including through a detailed regulation by Public International Law instruments and constituents of the concept of war crimes. However, today we are witnessing the increasing role of international courts that have the jurisdiction to prosecute and punish war crimes, which are not effectively repressed by national judicial courts.
Authors and Affiliations
Olga Dorul
Keywords
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