The Applicable Law by the International Penal Court

Author:Lavinia Mihaela Vladila - Stefania Brotac
Position:Valahia University of Târgoviste, Faculty of Legal, Social and Political Sciences - Valahia University of Târgoviste, Faculty of Legal, Social and Political Sciences
Pages:276-282
SUMMARY

The absence of an international criminal jurisdiction at the end of the second milenium, taking into consideration that the criminal acts with worldwide fame had grown, forced the international community to create a common court that would have the power of a punishing instrument for the illicite erga omnes. Through the specific role of this Court, which is - to be an international Court and due... (see full summary)

 
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The Applicable Law by the International Penal Court
Lavinia Mihaela Vlădilă1
Ştefania Brotac2
1Valahia University of Târgoviste, Faculty of Legal, Social and Political Sciences,
laviniavladila@yahoo.com
2Valahia University of Târgoviste, Faculty of Legal, Social and Political Sciences,
brotacstefania@yahoo.com
Abstract: The absence of an international criminal jurisdiction at the end of the second milenium, taking into
consideration that the criminal acts with worldwide fame h ad grown, forced th e international community to
create a common court that would have the power of a punishing instrument for the illicite erga omnes.
Through the specific role of this Court, which is - to be an international Court and due to the lack of an
international code of criminal law and procedure, the problem of the applicable law was elegantly solved by
the Court Status. Practically, the definition of „ applicable law” is equivalent answering to the q uestion:
What normative rule can be applied from the procedural point o f view?” and also to the questions: „ Where
are the definitions of the crimes for wich the Court is competent to judge of or for which any person could be
judged for by this Court?”
Keywords: International Criminal Court, applicable law, international jurisdiction, Status, principles.
1. Introduction
The lack of an international penal jurisdiction at the end of the second millennium taking into
consideration that the international known crimes had increased1, forced the international community to
create a common court that would have the value of a punishing instrument for the illicit erga omnes2.
The steps taken to initiate an international penal court were older, starting with the period between the two
world wars even though there were voices that had been heard before.
In 1872, Gustav Moynier shaped maybe for the first time the idea of a penal international jurisdiction
court that would have the competence to judge the crimes commited against the rights of gints. Presented
in Geneve and Cambridge, the idea was rejected by the specific perspective of that time.
After the world war and the treaty of Versailles, a special court was created. It was made of five judges
chosen by the victorious states to judge Wilhelm Second of Hohenzolern for his ‘prejudices against the
international moral values ’and ‘to the holy strength of treaties’. He was never judged because he got
refugee in Holland and Holland refused his release.
1
according to art 5. from the Court Status, it judges the following types of crimes : genocide, crimes against humanity, war
crimes and aggression crimes .
2
Mona Maria Pivniceru’ Penal Punishment in the International Law’ Polirom Publishing House, Iasi, 1999, page 153
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