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CNAA / Theses / 2022 / /

National internationalized criminal tribunals


Author: Sîrcu Artur
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2022
Scientific adviser: Oleg Balan
doctor habilitat, professor, Academy of Public Administration
Institution:

Status

The thesis was presented on the 9 September, 2022
Approved by NCAA on the 25 November, 2022

Abstract

Adobe PDF document – 0.45 Mb / in romanian
Adobe PDF document – 0.44 Mb / in english

Thesis

CZU 341.645(043.3)

Adobe PDF document 1.17 Mb / in romanian
151 pages

Keywords

national internationalized criminal courts, hybrid tribunal, jurisdiction, Special Tribunal for Sierra Leone, Special Tribunal for Lebanon, Khmer Rouge Tribunal, High Criminal Iraqi Tribunal. Area of the research. This work is based on the study of international public law, international criminal law and law of international litigation, with a special emphasis on the analysis of the institution of hybrid criminal courts

Summary

Structure of the thesis: introduction, 4 chapters, general conclusions and recommendations, bibliography which includes 154 sources, basic text of 143 pages. The results of the research are exposed in 8 scientific articles and reports to scientific conferences.

Goal and objectives of the thesis. The main purpose is the broad research of the institution of hybrid criminal courts, with establishment of common and inedited aspects from the perspective of identifying the best solutions for establishing a reliable justice system that can repress the worst crimes committed in conflict-affected areas.

The objectives of the research are directed to the definition of the concept of hybrid court, determination of principles of activity and limits of their competence; establishment of patterns of organization and structure; identification of mechanisms to trigger internationalized jurisdiction; analysis of pending proceedings; clarification of procedure of adoption and execution of judgements ruled by hybrid courts; proof of inedited elements of every existing tribunal; identification of errors and successes of the tribunals. Scientific novelty and originality.

The scientific novelty and originality of the thesis resides in the formulation of a doctrinal research of national level on the problem of national internationalized criminal jurisdiction. It was specified the nature and legal essence of it, determined distinctive aspects, identified the place and the role of hybrid courts in the network of legal jurisdictions existing, especially with reference to regions ravaged or affected by armed national or internationalized conflicts. Important scientific problem that has been solved it consists in arguing the viability and efficiency of internationalized national criminal tribunals with a view to using this type to restore justice in territories ravaged by specific internal or international conflicts and to punish those guilty of the most serious crimes and human rights violations.

Theoretical meaning of the research. The research has a profound theoretical character, referring to the peculiarities of national internationalized courts. The thesis is a deep scientific demarche on the nature and legal essence of hybrid courts taken being aware of their variety and characters of each established court. The work, in a clear and logical manner emphasizes defining elements, common and inedited, operating with consolidated texts of international instruments and elucidating case-law developed by respective for a.

Practical value of the work. The study denotes applicative value for scholars who design solutions for the prevention and repression of international crimes committed in conflict-affected territories, as well as for the political factor that has the necessary will to implement them. The work is undoubtedly utile for those interested in promotion of standards of impartial and honest justice, as well as promotion of human values and stop of impunity at a world scale.

Implementation of the scientific outcomes. The results, conclusions and recommendations formulated through this research were exposed in the texts of scientific articles published in specialised magazines and were put forward for discussions during national and international conferences.