Considerations regarding the Non- Applicability of Statutory Limitations to Genocide, Crimes against Humanity and War Crimes

AuthorBogdan Bîrzu
PositionPhD in progress, Titu Maiorescu University, Bucharest, Romania
Pages94-103
ACTA UNIVERSITATIS DANUBIUS Vol. 11, no. 3/2015
96
Considerations regarding the Non-
Applicability of Statutory Limitations to
Genocide, Crimes against Humanity and
War Crimes
Bogdan BÎRZU
1
Abstract: In this paper are analyzed the genocide, the crimes against humanity and war crimes from
the perspective of humanitarian law, in order to highlight the relevant aspects regarding the non-
applicability of statutory limitations to these crimes.To obtain some efficient legal instruments of
protecting h uman rights and fundamental freedoms, and preventing genocide, crimes against
humanity and war crimes, United Nations has established in the international law the "principle of
non-applicability of statutory limitations to war crimes and crimes against humanity". A brief analysis
is made on legislative acts ad opted at European level which regulate the institution of the
imprescriptibility of the aforementioned crimes, such as The Convention on the Non-applicability of
Statutory Limitations to War Crimes and Crimes against Humanity, which was ratified by Romania
by Decree no. 547/1969 (B. Of. No. 83 of 30 July 1969). The Convention contains references
regarding the statute of limitations for criminal liability and enforcement of sentences. The analysis of
the Convention is intended to highlight the importance of this European legislative act, since it was
the first legal instrument of the international community, through which it was possible to ensure the
protection of rights and fundamental freedoms beyond the sovereignty of states, thus representing a
success and an innovation in international law.
Keywords: human rights, convention, international crime, imprescriptibility
1. Introduction
In a democratic state, the extent and intensity of criminal repression must be first
and foremost determined by reference to social value importance and must satisfy
the requirements resulted from the principles of fundamental human rights. By the
criminalization of offences against humanity, war and genocide, the international
community fulfills a fundamental desideratum, namely protecting the most
1
PhD in pro gress, Titu Maiorescu University, Bucharest, Romania. Address: Calea Văcăreşti nr.187,
Sector 4, 004051, Bucureşti, Romania, Tel: 021.316.16.46, Fax: 021.311.22 97 - 021.316.16.46.
Corresponding author: birzu_bogdan@yahoo.com.
AUDJ, vol. 11, no. 3/2015, pp. 96-105

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