Tendințe recente în dreptul internațional privind îndatoririle statelor și persoanelor fizice de a urmări, investiga și preveni infracțiunile internaționale
Recent Trends in International Law on the Duties of States and Individuals to Prosecute, Investigate, and Prevent International Crimes

Summary/Abstract: Recently, certain trends have emerged in international law on the widely recognized duties of individuals and states to investigate and prosecute international crimes. These trends have arisen from the jurisprudence of regional human rights systems to enhance the abilities of states to comply with the principle of serious human rights violations as violations of human rights treaties and to obligate states to investigate and prosecute such violations. Duties are required by international human rights law (IHRL), international humanitarian law (IHL), and international criminal law (ICL). This presentation introduces how the duties of individuals and states to investigate and prosecute international crimes are developed under the three legal systems and then discusses the poor organic links between IHRL, IHL, and ICL as indicated by jurisprudence. Since the scope of the obligation to prevent international crimes at the state and the individual levels in IHRL and ICL has not been systematically studied to date, the presentation subsequently approaches the issue regarding to what extent individuals and states are obligated to prevent international crimes under international law today.

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