The main role of the international tribunal in accordance with preventing and repressing international crimes

• Author: Barbu Denisa
• Position: Faculty of law and Administrative Sciences, Department of Administrative Sciences, Targoviste
• Pages: 1-4

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

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

No. 1 (2015), pp. 1-4

1

THE MAIN ROLE OF THE INTERNATIONAL TRIBUNAL IN ACCORDANCE

WITH PREVENTING AND REPRESSING INTERNATIONAL CRIMES

D. Barbu

Denisa Barbu

Faculty of law and Administrative Sciences, Department of Administrative Sciences,

Targoviste

Valahia University of Targoviste (ROMANIA)

Correspondence: Denisa Barbu, Faculty of law and Administrative Sciences, Targoviste, Sos.

Gaesti, nr.8 – 10, Jud. Dambovita, phone: 0245606048

e-mail: denisa.barbu77@yahoo.com

Astract

In international criminal law, a great role had the Military Courts at Nuremberg and

Tokyo, which on the one hand, contributed decisively in their judgments to the shaping of

important institutions of international criminal responsibility of individuals as agents of the

State, and on the other hand, have demonstrated the need for permanent and strong

international criminal jurisdictions.

Keywords: international crime, International Criminal Court, sentences.

Introduction

Thus, their judgments were the perfect solution to punish criminals regardless of their

citizenship and place of perpetrating international crimes that laid the groundwork for an

institutionalized system of prevention and repression of the most serious international crimes

- war crimes. However, these ad hoc international courts, have, first of all, a punitive

character and then a preventive one for international criminal responsibility.

Considering the serious situations that threaten international peace and security in

different countries or even parts of the world, the solution was the establishment of a

permanent international criminal jurisdiction, which would have that extra-national and non-

territorial character, the latter being an “obstacle” in committing the crimes, because the

possibility of equivalence from criminal liability shall be reduced to the maximum.

Sentences of the International Criminal Court

International Criminal Court (ICC) sentences, as permanent specialized court

complementary to jurisdiction with national courts, are designed to play a role in the

prevention and suppression for the worst international infractions (international crimes).

This justification can be found in the Act of Incorporation - the Rome Statute – in the

Preamble, specifying that individuals (including women and children) have suffered from the

atrocities of the 20th century, which have encroached on the peace, security and wellness of

all mankind, that the punishment of the perpetrators of international crimes helps prevent

these acts and that it is incumbent on every State to exercise its criminal jurisdiction over all

persons responsible for perpetrating international crimes.

In the Rome Statute is set out an exhaustive list of culpable acts of greater severity

which constitutes international crimes and is punishable in accordance with the Act, such as

genocide, crimes against humanity, war crimes, and crime of aggression.1

1 Art. 51 in the Rome Statute.