The appearance of the penal international law as a branch of the public international law

• Author: Daniel-Stefan Paraschiv
• Position: Faculty of Law and Public Administration, Râmnicu Vâlcea, Spiru Haret University, Râmnicu Vâlcea, Romania
• Pages: 122-126

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 122-126

122

THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A

BRANCH OF THE PUBLIC INTERNATIONAL LAW

D.Şt. Paraschiv, E. Paraschiv

Daniel-Ştefan Paraschiv

Faculty of Law and Public Administration, Râmnicu Vâlcea,

Spiru Haret University, Râmnicu Vâlcea, Romania

* Correspondence: Daniel-Ştefan Paraschiv, Râmnicu Vâlcea, 30 General Magheru St.,

Vâlcea, Romania

E-mail: drept_vl.paraschiv.daniel@spiruharet.ro

Elena Paraschiv

Faculty of Law and Public Administration, Râmnicu Vâlcea,

Spiru Haret University, Râmnicu Vâlcea, Romania

*Correspondence: Elena Paraschiv, Râmnicu Vâlcea, 30 General Magheru St., Vâlcea, Romania E-

mail: e.paraschiv.dvl@spiruharet.ro

Abstract

From the oldest times, there appeared certain norms of penal international law meant

to prevent the committing of serious offenses, as well as for sanctioning them. This distinct

branch of the public international law is called upon to protect - by sanctioning persons

guilty of committing serious offenses - peace and securityof the whole humanity, the

development in conformity with the norms of the law and moral of the international relations,

the existence and perenniality of fundamental human values.

Keywords: penal international law, history, appearance, sanction, international

offence

Introduction

The penal international law represent the totality of legal regulations, also recognised

in the international relations, which aim at protecting the legal or international social order

by repressing actions that affect it, or, with other words, the totality of regulations established

in order to repress the breaches brought to the precepts of public international law1.

Thus, it defends the perenniality of certain fundamental human rights, aiming at the

regulation of the manner of exercising the repression of serious illicit actions, which may be

committed in the international reports2.

The penal international law is a branch of the public international law, having an

analogous role to the one held by the domestic criminal law for the domestic order of the

states3.

Sources and connections of the penal international law with other branches of the

law

The sources of the penal international law are, generally, the same as in the public

international law, although there are some differences regarding their importance. Thus, the

1 Stefan Glaser, Droit international penal conventionnel, volume I, Establissement Emile Bruylant, Bruxelles,

1970, p. 16-17.

2 Vespasian V. Pella, La crimin alite colective des Etats et le droit penal de l 'avenir, State House Publishing,

Bucharest, 1926, p. 168.

3 The penal international law presents numerous common points with the public international law, whose

generalprinciples are also applied and the penal domain of the international relations.