Considerations on individual criminal responsibility for human rights abuses

• Author: Laura Dumitrana Bosca Rath
• Position: AGORA University. Law and Economics Faculty
• Pages: 25-27

CONSIDERATIONS ON INDIVIDUAL CRIMINAL RESPONSIBILITY FOR

HUMAN RIGHTS ABUSES

Assist.Laura-Dumitrana Rath-Boşca

AGORA University

Law and Economics Faculty

dumitra1970@yahoo.com

Abstract: The emergence of the Universal Declaration of Human Rights adopted by UN

General Assembly 10/12/1948 marks the "beginning of a new progressive era in the international

protection of human rights and freedoms.

Crimes in international law are committed by people and not by abstract entities. Just

punishing these authors can give effect to the provisions of international law.

Key words: human rights, responsibility, international criminal court, civil rights,

punishment, protection.

“All human beings are born free and equal in rights. They are endowed with reason and

conscience and should act towards one another in a spirit of brotherhood.”

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First should be noted that human rights issues became a major concern for most of the countries,

regardless of ideological differences, cultural, economic or social, proven by their accession at the

two international pacts drafted by UNO, namely: International Covenant on Civil and Political

Rights and International Covenant on Economic, Social and Cultural Rights.

There is evidence that there were concerns regarding the protection of humans from ancient

times, but the concept itself of "human rights" appeared in the run up to the bourgeois revolutions in

Europe and America and the history of human rights begins in Britain once the Magna Charta of

Libertatum in 1215, during the reign of King John of England, which sought to restrict the king's

power, reducing abuses monarch and is the first document in which a number projected to guarantee

rights for citizens..

The emergence of the Universal Declaration of Human Rights adopted by UN General

Assembly 10/12/1948 marks the "beginning of a new progressive era in the international protection

of human rights and freedoms".

We consider it is very important to present the meaning of the term "liability" in terms of

linguistics usage.

Thus, the linguistic awareness of responsibility is the personality of its debt to the company,

a community of people, understanding the meaning and significance of his behaviour.

The Explanatory Dictionary of Romanian Language explains the term's responsibility as the

possibility of requiring a person accountable for his actions.

In law this term has taken on another meaning, different from that in common language

namely highlights the negative consequences arising for committing illegal acts by an individual or

a legal person. Liability itself includes only the consequences of violations of law, which is

expressed in the emergence of new bonds or other obligations arising from the report how the

existing law.

Considering the need for legal liability as a constraint that arises because of violation of legislation

by natural or legal person may be deemed liability is complex related rights and obligations which,

by law, are born as following the committing of illegal acts, constitutes the realization of state

coercion through legal penalties to ensure the stability of social relations in society and guide the

spirit of respecting the rule of law.

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„DeclaraŃia Universală a Drepturilor Omului”