ROLUL CURŢII PENALE INTERNAŢIONALE
THE ROLE OF THE INTERNATIONAL CRIMINAL COURT
Author(s): Claudiu LazărSubject(s): Law, Constitution, Jurisprudence
Published by: Carol I National Defence University Publishing House
Keywords: self-defense principle; international humanitarian law; International Criminal Court; international criminal responsibility
Summary/Abstract: The principle of self-defense represents a cause for exempting from criminal liability in situations where saving a legitimate interest, personal or public, requires defensive measures against illicit international acts of a State or a person. Obviously, self-defense measures should be proportional to the seriousness of danger. Another principle of international criminal law is that the hierarchical order does not preclude criminal liability. This principle was enshrined in the statutes of international criminal tribunals, under national law of the state but also the origin of a legal doctrine. It points out that state agencies do not have the right to execute superior orders against international humanitarian law.
Journal: Buletinul Universităţii Naţionale de Apărare »Carol I«
- Issue Year: 2011
- Issue No: 02
- Page Range: 30 - 37
- Page Count: 8
- Language: Romanian