Prescription of Criminal Liability in International Law

Authors

  • Dumitrita Florea Lecturer Phd Dumitriţa Florea, "Stefan cel Mare" University of Suceava, Romania
  • Narcisa Gales Lecturer Phd Narcisa Gales, "Stefan cel Mare" University of Suceava, Romania

DOI:

https://doi.org/10.18662/jmsw/2.1/9

Abstract

The particular extent of the phenomenon of crime in modern society, the increasingly frequent violations of values that interest the international community as a whole or target the interests of a large number of states, as well as the emergence of organised crime which transcends national borders through criminal networks operating in the territory of several states, are the basis for the establishment and development of international criminal law as an expression of the coordination of efforts to ban and repress antisocial acts detrimental to the legality and progress of the entire contemporary human society. Attempts to define international criminal law have been made over the years, but it should be pointed out that international criminal law is a relatively new branch of law and is still in the process of being codified, i.e. through international agreements in the form of conventions or treaties establishing general rules with binding legal force. Its content is developing day by day, and is becoming more and more deeply embedded in the legal consciousness of nations, which is only to be expected if we consider the dynamics of international society in recent times. Its importance is constantly growing as the development of military technology, the use of chemical and bacteriological weapons and the threat of the use of atomic weapons require the legal protection of international security and peace.

References

Rousseau, C. (1983). Droit international public [Public international law] (5th vol.), Les rapports conflictuels [Conflicting raports]. Sirey.

Botau, D. (2013). Aplicarea dreptului internațional în subsistemul Convenției europene a drepturilor omului [Application of international law in the subsystem of the European Convention on Human Rights]. Hamangiu.

Mazilu, D. (2010). Drept international public [Public international law] (5th ed.). Lumina Lex.

Hessbruegge, J. A. (2012). Justice delayed, not denied: Statutory limitations and human rights crimes. Georgetown Journal of International Law, 43(2), 335-386. https://articleworks.cadmus.com/geolaw/zsx00212.html

Cryer, R., Friman, H., Robinson, D., & Wilmshurst, E. (2010). An introduction to international criminal law and procedure (2nd ed.). Cambridge University Press.

Miga-Beșteliu, R. (2010). Drept international public [Public international law]. C.H. Beck.

Scăunaș, S. (2007). Drept internațional public [Public international law]. C.H. Beck.

Constantin, V. (2010). Drept internațional [International law]. Universul Juridic.

Păvăleanu, V. (2019). Parchetul European [The European Public Prosecutor’s Office]. Lumen.

Supreme Court of France, Criminal Law Chamber. (1983). The Prosecutor v. Klaus Barbie, Decision of 1983, October 06. http://www.internationalcrimesdatabase.org/Case/183

Council of Europe. (2021, May 11). Chart of signatures and ratifications of Treaty 082 - European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes. http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=082&

Downloads

Published

2020-12-21

How to Cite

Florea, D., & Gales, N. (2020). Prescription of Criminal Liability in International Law. Journal of Mediation & Social Welfare, 2(1), 12-21. https://doi.org/10.18662/jmsw/2.1/9

Publish your work at the Scientific Publishing House LUMEN

It easy with us: publish now your work, novel, research, proceeding at Lumen Scientific Publishing House

Send your manuscript right now