Tragerea la răspundere penală a liderilor politici și a comandanților militari în jurisprudența instanțelor penale internaționale – de la participarea la o „întreprindere criminală comună” la „comiterea indirectă” a infracțiunilor
Criminal liability of political leaders and of military commanders in the case law of international criminal courts – from the participation in a „joint criminal undertaking” to the „indirect commitment” of criminal offences

Summary/Abstract: This study proposes to highlight the evolution of the international criminal court, from the establishment of ad-hoc courts, respectively the International Criminal Court for the former Yugoslavia and the International Criminal Court for Rwanda and up to the daily activity of the International Criminal Court, from the perspective of a very sensitive aspect both from the political and judicial point of view: the criminal liability of remarkable leaders, being responsible for the design, management and control of criminal activities committed during the military conflicts and submitted to trial in these courts. In the content of the study, the author points out the legislative and doctrine-related difficulties which the international judicial bodies faced, the judicial formulas that these bodies chose or created in their action of the application of justice, as well as the current and future orientations of the judicial practice of the International Criminal Court.

• Details
• Contents