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Penal responsibility for crimes against peace and humankind security, war crimes


Author: Alexei Barbăneagră
Degree:doctor habilitat of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2006
Institution:

Status

The thesis was presented on the 4 March, 2006
Approved by NCAA on the 27 April, 2006

Abstract

Adobe PDF document – 0.41 Mb / in romanian

Keywords

crimes against peace, crimes against humankind security, war crimes, international penal law, national penal law, humanitarian law, genocide, ecocide, cloning, inhuman treatment, mercenary, war, war preparation, war planning, beginning of the war, war waging, relations between states, peace, peace holding, attack, international protection, medical techniques, war techniques, torture, aggression, murder, deportation, spreading the information, armed conflict, prohibited methods of war waging, prohibited arms

Summary

The thesis is dedicated to a juridico-scientific analysis of offences against the peace and humanity security and offences of war, carried out according to those two levels of legislation: international and national.

At the elaboration of the thesis were minutely examined the genesis, historical evolution, scientific concepts, normative-juridical basis of the most odious crimes against peace, humanity security and offences of war: genocide, planning, preparation, war declaration or warfare; war propaganda; assault on human beings or institutions which benefit from international protection; inhuman treatments; violation of international humanitarian law; application of forbidden ways and methods of warfare; ecocide, clonation.

The thesis covers also problems concerning the apparition, evolution, notion, objective, system and principles of international criminal law; the notion and elements of international offence. The tackled problems are treated from interdisciplinary, interference and complexity point of view of legal provisions included in the humanitarian law, international criminal law, national criminal law, with implications in sociology, medicine, biology etc.

The juridico-scientific analysis of offences against the peace and humanity security and offences of war was carried out in conformity with international treaties’ provisions, ratified by the Republic of Moldova, with jurisprudence of International Tribunal from Nürnberg, of International Tribunal for the former Yugoslavia and of International Tribunal for Rwanda etc.

At the investigation of the mentioned subjects were used a lot of normative sources of international and national nature, over 150 decisions of international courts, of European Court of Human Rights, of the Committee Against Tortures, investigations of theoretico-scientific character of autochthon authors and foreign ones as well – some offences’ elements were studied by making a parallel with legal provisions of incriminations included in the legislation of other countries: France, Germany, Israel (for example genocide) – the analysis of genocide’s practice beginning with the massacre of Armenians during the first world war, the genocide acts committed during the second world war in Europe and in former Yugoslavia in the last decade of the XX-th century, thus contributing to the formulation by the author of some important proposals regarding the conceptual modification of national criminal law.

Proposals de lege ferenda which cover the contents of the most facts of offences from the first Chapter of the Special Part of Penal Code were sent to Juridical Commission for appointments and immunities of the Republic of Moldova Parliament, to the Ministry of Justice for being examined in the process of adoption and modification of legislation. The achieved results will be used in the research and scientific activity and in the educational process as well.