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International criminal law
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Publisher: Editura Universitară
Author: Nicolae Ploesteanu, Raul Miron, George Grigorescu, Edvin Biro
Edition: I
Pages: 214
Publisher year: 2024
ISBN: 978-606-28-1841-8
DOI: 10.5682/9786062818418
Product Code:
9786062818418
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The "International Criminal Law" manual is dedicated to the study by students of law majors in Romanian universities of an extremely controversial legal discipline whose roots, relatively recent in the science of law, lie in the sphere of public international law.
The first part of the manual, "Synthetic presentation of the discipline and main concepts of international criminal law" includes the main historical milestones of international criminal justice, ending with the adoption of the Rome Statute and the establishment of a permanent international court, highlighting both the origin of the rules of operation of international courts as well as their historical necessity. Afterwards, the procedural and material aspects of international criminal law are presented in a differentiated manner, including crimes against peace and humanity, war crimes, genocide, aggression and other international crimes, assessed as such from the perspective of public international law. References are constantly made to the relevant case law and to the most recent cases pending or already resolved by the ICC. Sometimes, the relevant legal texts are translations of the authors, when they do not have an official translation in Romanian, not being rules included in international instruments ratified by Romania (for example, it is the situation of the definition of aggression, made through one of the amendments to the SR); also, there are sometimes changes even to the official Romanian texts, to the extent that the translation is not the correct one, grammatically or semantically.
The second part includes a synthesis of the first part, necessary for the evaluation of the students and the editing of the scale ideas, so that the different notions are systematically and essentially sedimented. This part is important for the rigorous preparation of students. Each chapter of the first part indicates at the end of it the corresponding numbers of the corresponding questions from the second part.
The third part, represents the contribution of George Grigorescu, and consists of a synthetic presentation of the ICC case history, being updated until May 1, 2024. This part is extremely important for the general culture of jurists, related to the activity of the ICC, being illustrative for any person interested in evaluating the effectiveness of the CPI activity from its establishment until 2024.
Also, the work includes a diagram of the Court's jurisdiction, made by Biró Edvin, necessary for a synoptic image easily accessible to the interested party.
Finally, the translations into Romanian of the main international documents regarding the establishment, establishment and functioning of the ICC, constitute the necessary tool for students from Romania specializing in law in their analysis, evaluation and debate activities of all issues related to international criminal law, at least in the fundamental legal part. Here, it is the place to mention that the real understanding of the meaning of international criminal justice is dependent on the knowledge and understanding of international relations. In the translations, even the official ones, some formulas, expressions or concepts have been adapted to a valid general editing system, coming in particular from the influence of the English language on relations and international law. For example, the word "State" or the phrase "Assembly of States Parties" will be entered as "State" or "Assembly of States Parties". Also, some words from the official translation, subject to ratification in general by the effect of the Romanian law, being incorrectly drafted, have been entered in the grammatically correct form. This part also includes an explanatory note regarding the status and effect of Romania's ratification of the international instruments that underpin the ICC's activity.
The first part of the manual, "Synthetic presentation of the discipline and main concepts of international criminal law" includes the main historical milestones of international criminal justice, ending with the adoption of the Rome Statute and the establishment of a permanent international court, highlighting both the origin of the rules of operation of international courts as well as their historical necessity. Afterwards, the procedural and material aspects of international criminal law are presented in a differentiated manner, including crimes against peace and humanity, war crimes, genocide, aggression and other international crimes, assessed as such from the perspective of public international law. References are constantly made to the relevant case law and to the most recent cases pending or already resolved by the ICC. Sometimes, the relevant legal texts are translations of the authors, when they do not have an official translation in Romanian, not being rules included in international instruments ratified by Romania (for example, it is the situation of the definition of aggression, made through one of the amendments to the SR); also, there are sometimes changes even to the official Romanian texts, to the extent that the translation is not the correct one, grammatically or semantically.
The second part includes a synthesis of the first part, necessary for the evaluation of the students and the editing of the scale ideas, so that the different notions are systematically and essentially sedimented. This part is important for the rigorous preparation of students. Each chapter of the first part indicates at the end of it the corresponding numbers of the corresponding questions from the second part.
The third part, represents the contribution of George Grigorescu, and consists of a synthetic presentation of the ICC case history, being updated until May 1, 2024. This part is extremely important for the general culture of jurists, related to the activity of the ICC, being illustrative for any person interested in evaluating the effectiveness of the CPI activity from its establishment until 2024.
Also, the work includes a diagram of the Court's jurisdiction, made by Biró Edvin, necessary for a synoptic image easily accessible to the interested party.
Finally, the translations into Romanian of the main international documents regarding the establishment, establishment and functioning of the ICC, constitute the necessary tool for students from Romania specializing in law in their analysis, evaluation and debate activities of all issues related to international criminal law, at least in the fundamental legal part. Here, it is the place to mention that the real understanding of the meaning of international criminal justice is dependent on the knowledge and understanding of international relations. In the translations, even the official ones, some formulas, expressions or concepts have been adapted to a valid general editing system, coming in particular from the influence of the English language on relations and international law. For example, the word "State" or the phrase "Assembly of States Parties" will be entered as "State" or "Assembly of States Parties". Also, some words from the official translation, subject to ratification in general by the effect of the Romanian law, being incorrectly drafted, have been entered in the grammatically correct form. This part also includes an explanatory note regarding the status and effect of Romania's ratification of the international instruments that underpin the ICC's activity.
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International criminal law
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NICOLAE PLOESTEANU
RAUL MIRON
GEORGE GRIGORESCU
EDWIN BIRO
RAUL MIRON
GEORGE GRIGORESCU
EDWIN BIRO
FOREWORD / 7
I. INTRODUCTION / 11
II. THE NOTION OF INTERNATIONAL CRIMINAL LAW / 13
III. GENERAL CHARACTERISTICS OF INTERNATIONAL CRIMINAL LAW / 14
A. Recent origins / 14
B. The connection with international human rights law and national criminal law / 15
C. The place of international criminal law within public international law / 17
IV. ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURTS / 20
A. The "new world order" after the Cold War and the establishment of ad hoc tribunals (1993 1994) / 20
1. Contextual premises of international criminal justice / 20
2. The establishment of the two ad hoc tribunals for the former Yugoslavia and Rwanda 21
3. Activity of the courts / 23
B. International Criminal Court / 24
1. The draft and adoption of the statute of the International Criminal Court (1994 1998) / 24
2. Jurisdiction of the International Criminal Court / 26
C. Establishment of internationalized tribunals / 33
V. INDIVIDUAL CRIMINAL LIABILITY IN INTERNATIONAL LAW / 36
VI. CATEGORIES OF INTERNATIONAL CRIMES / 40
A. War crimes / 40
B. Crimes against humanity / 48
C. Genocide / 52
D. Aggression / 56
E. Associated or related international crimes that affect the administration of justice / 61
F. Other international crimes (torture, terrorism) / 62
1. Torture / 63
2. Terrorism / 66
VII. CONCLUSIONS / 71
SUMMARY OF JURISPRUDENCE OF THE INTERNATIONAL CRIMINAL COURT / 72
BAREM SUBJECTS FOR STUDENT ASSESSMENT / 86
NOTE ON THE ROME STATUTE FROM THE PRESENT MANUAL / 94
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT / 96
SUMMARY OF THE JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT, GIVEN ON APPEAL, REGARDING THE CASE OF BASHIr / 191
SELECTIVE BIBLIOGRAPHY / 209
I. INTRODUCTION / 11
II. THE NOTION OF INTERNATIONAL CRIMINAL LAW / 13
III. GENERAL CHARACTERISTICS OF INTERNATIONAL CRIMINAL LAW / 14
A. Recent origins / 14
B. The connection with international human rights law and national criminal law / 15
C. The place of international criminal law within public international law / 17
IV. ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURTS / 20
A. The "new world order" after the Cold War and the establishment of ad hoc tribunals (1993 1994) / 20
1. Contextual premises of international criminal justice / 20
2. The establishment of the two ad hoc tribunals for the former Yugoslavia and Rwanda 21
3. Activity of the courts / 23
B. International Criminal Court / 24
1. The draft and adoption of the statute of the International Criminal Court (1994 1998) / 24
2. Jurisdiction of the International Criminal Court / 26
C. Establishment of internationalized tribunals / 33
V. INDIVIDUAL CRIMINAL LIABILITY IN INTERNATIONAL LAW / 36
VI. CATEGORIES OF INTERNATIONAL CRIMES / 40
A. War crimes / 40
B. Crimes against humanity / 48
C. Genocide / 52
D. Aggression / 56
E. Associated or related international crimes that affect the administration of justice / 61
F. Other international crimes (torture, terrorism) / 62
1. Torture / 63
2. Terrorism / 66
VII. CONCLUSIONS / 71
SUMMARY OF JURISPRUDENCE OF THE INTERNATIONAL CRIMINAL COURT / 72
BAREM SUBJECTS FOR STUDENT ASSESSMENT / 86
NOTE ON THE ROME STATUTE FROM THE PRESENT MANUAL / 94
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT / 96
SUMMARY OF THE JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT, GIVEN ON APPEAL, REGARDING THE CASE OF BASHIr / 191
SELECTIVE BIBLIOGRAPHY / 209
The "International Criminal Law" manual is dedicated to the learning by law students from Romanian universities of an extremely controversial legal discipline whose roots, relatively recent in the science of law, lie in the sphere of public international law.
I completed the finalization of this manual during a period when a team of students of UMFST "G.E. Palade" from Târgu Mureș has entered the International Criminal Court Competition, which will be held in May 2024 in The Hague. As their theoretical preparation was necessary, I resumed some previous notes and researches on the writings of the renowned jurist Antonio Cassese in the field of international criminal law, I followed in particular the logical structure of his treatise and tried to create a simple manual, with updated information related to the Court's activity International Penalties and with an additional didactic support necessary for the evaluation of knowledge.
This manual is a continuation of the manuals in the field of public international law that have already been edited and published by the authors, through the care of the Bucharest University Publishing House, led by director Vasile Muscalu. I made this clarification because these manuals have a similar format and the way to use them is identical.
We were happy that two of the students from Târgu Mureș, participants in the international criminal law competition, George Grigorescu and Biró Edvin-Roland, agreed to participate in updating and revising the initial information, and thus we made a more consolidated team of co-authors; thus, we hope, as a scientific teaching tool it presents a higher quality.
The need for such a manual is extremely great in this period because international relations are at a historical crossroads: the absence of a global power balance has as a consequence the multiplication and increase of the intensity of international and non-international armed conflicts, at a unprecedented level since the Second World War. This situation transforms the International Criminal Court (ICC) into a dynamic, important international actor, not limited to the exercise of international criminal jurisdiction, but having an important political and social role. Probably his most significant action was the issuance by the ICC in 2023 of the arrest warrant in the name of the President of the Russian Federation, Mr. Vladimirovich Putin; even if his actual arrest is unlikely, the meaning of this action is extremely important, the stakes being "all or nothing", and the future will define these meanings. A similar matter is the May 2024 ICC Prosecutor's request to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for war crimes and crimes against humanity.
The name "International criminal law" of the manual could be controversial, because in the legal literature in Romania the wording "International criminal law" is used, each of the wordings can be well argued. As far as we are concerned, we have considered that international criminal jurisdiction, belonging entirely to the desire of the states of the world to constitute it, is the main characteristic of this discipline compared to any other characteristics, such as the existence and the primary role of national courts in the exercise of jurisdiction over international crimes. At the same time, at the origin, the acts subject to international criminalization take place in the context of international conflicts and are subject to inquisitorial attention due to the influence exercised by the states in their specific or organizational forums aimed at establishing a peaceful course of events. It is also extremely important that unlike national legal systems, where criminal offenses may differ substantially or negligibly, but differ, in the international legal system there is a unity and coherence regarding the establishment of substantive criminal law. As a result, only here will we be able to have an autonomous and coherent discipline. Otherwise, the name "international criminal law" would be appropriate if it expresses a component of national criminal law that incorporates some or all of international crimes. This is not the case with this manual, since it deals with those international crimes whose regulation is found in international rules, namely in conventional law and, above all, in general international law.
What is in this manual and how is it used? The textbook has several distinct main components: a synthetic presentation of the discipline and main concepts of international criminal law; a synthesis of the topics covered in the first part, in the form of questions and notions necessary for the evaluation of students and the establishment of a scoring scale related to this evaluation; a synthetic presentation of all the cases of the International Criminal Court; The Statute of the International Criminal Court and its amendments, in Romanian.
The first part of the manual, "Synthetic presentation of the discipline and main concepts of international criminal law" includes the main historical milestones of international criminal justice, ending with the adoption of the Rome Statute and the establishment of a permanent international court, highlighting both the origin of the rules of operation of the courts international as well as their historical necessity. Afterwards, the procedural aspects and material aspects of international criminal law are differentiated, including crimes against peace and humanity, war crimes, genocide, aggression and other international crimes, assessed as such from the perspective of public international law. References are constantly made to relevant case law and the most recent cases pending or already resolved by the ICC. Sometimes, the incidental legal texts are translations of the authors, when they do not have an official translation into Romanian, not being rules contained in international instruments ratified by Romania (for example, it is the situation of the definition of aggression, made through one of the amendments to the SR); also, there are sometimes changes even to the official Romanian texts, to the extent that the translation is not the correct one, grammatically or semantically.
The second part includes a synthesis of the first part, necessary for the evaluation of the students and the editing of the scale ideas, so that the different notions settle down systematically and essentially. This part is important for the rigorous training of students. Each chapter of the first part indicates at the end of it the corresponding numbers of the corresponding questions of the second part.
The third part, represents the contribution of George Grigorescu, and consists of a synthetic presentation of the ICC case history, being updated until May 1, 2024. This part is extremely important for the general culture of lawyers, related to the activity of the ICC, being illustrative for anyone interested in evaluating the effectiveness of the CPI's activity from its establishment until the year 2024.
The work also includes a diagram of the Court's jurisdiction, made by Biró Edvin, necessary for a synoptic picture easily accessible to the interested party.
Finally, the translations into Romanian of the main international documents regarding the establishment, constitution and operation of the ICC, constitute the necessary tool for students from Romania specializing in law in their activities of analysis, evaluation and debate of all issues related to international criminal law, at least in the fundamental legal part. Here, it is the place to mention that the real understanding of the meaning of international criminal justice is dependent on the knowledge and understanding of international relations. In the translations, even the official ones, some formulas, expressions or concepts have been adapted to a valid general editing system, coming in particular from the influence of the English language on relations and international law. For example, the word "State" or the phrase "Assembly of States Parties" shall be entered as "State" or "Assembly of States Parties". Also, some words from the official translation, subject to ratification in general by the effect of Romanian law, being wrongly worded, have been entered in the grammatically correct form. This part also includes an explanatory note regarding the status and effect of Romania's ratification of the international instruments that underpin the ICC's activity.
What I think is extremely important is that the authors of this book notice two extremely serious mistakes in the translation of the SR from Romanian: in Article 15(3) "reasonable basis" is wrongly translated as "reasonable grounds" and in Article 127(2) mistranslates the term "withdrawal" with the term "pursuit". We hope that those who have the competence in the legislative area take immediate action.
In this word before it should be mentioned that the process of "ratification" of the legislative events regarding SR for Romania does not have the same calendar as the Rome Statute, in the sense that at the moment it is in force including the crime of aggression, but Romania has not yet ratified its definition, provided by some of the Kampala Agreements and entered into force by the more complex mechanism provided by SR. As a result, students need to view the current English text of SR to know the whole panel of international crimes, specifically referring to the crime of aggression.
The authors express their belief on the occasion of the completion of this manual that the world can only exist in a state of peace, and war and the great atrocities against humanity represent the scourge of the destruction of the "human" state, regardless of which side of the camp some are: the victimized civilian population; aggressors; military; spectators.
Dr. Nicolae Ploeșteanu
I completed the finalization of this manual during a period when a team of students of UMFST "G.E. Palade" from Târgu Mureș has entered the International Criminal Court Competition, which will be held in May 2024 in The Hague. As their theoretical preparation was necessary, I resumed some previous notes and researches on the writings of the renowned jurist Antonio Cassese in the field of international criminal law, I followed in particular the logical structure of his treatise and tried to create a simple manual, with updated information related to the Court's activity International Penalties and with an additional didactic support necessary for the evaluation of knowledge.
This manual is a continuation of the manuals in the field of public international law that have already been edited and published by the authors, through the care of the Bucharest University Publishing House, led by director Vasile Muscalu. I made this clarification because these manuals have a similar format and the way to use them is identical.
We were happy that two of the students from Târgu Mureș, participants in the international criminal law competition, George Grigorescu and Biró Edvin-Roland, agreed to participate in updating and revising the initial information, and thus we made a more consolidated team of co-authors; thus, we hope, as a scientific teaching tool it presents a higher quality.
The need for such a manual is extremely great in this period because international relations are at a historical crossroads: the absence of a global power balance has as a consequence the multiplication and increase of the intensity of international and non-international armed conflicts, at a unprecedented level since the Second World War. This situation transforms the International Criminal Court (ICC) into a dynamic, important international actor, not limited to the exercise of international criminal jurisdiction, but having an important political and social role. Probably his most significant action was the issuance by the ICC in 2023 of the arrest warrant in the name of the President of the Russian Federation, Mr. Vladimirovich Putin; even if his actual arrest is unlikely, the meaning of this action is extremely important, the stakes being "all or nothing", and the future will define these meanings. A similar matter is the May 2024 ICC Prosecutor's request to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for war crimes and crimes against humanity.
The name "International criminal law" of the manual could be controversial, because in the legal literature in Romania the wording "International criminal law" is used, each of the wordings can be well argued. As far as we are concerned, we have considered that international criminal jurisdiction, belonging entirely to the desire of the states of the world to constitute it, is the main characteristic of this discipline compared to any other characteristics, such as the existence and the primary role of national courts in the exercise of jurisdiction over international crimes. At the same time, at the origin, the acts subject to international criminalization take place in the context of international conflicts and are subject to inquisitorial attention due to the influence exercised by the states in their specific or organizational forums aimed at establishing a peaceful course of events. It is also extremely important that unlike national legal systems, where criminal offenses may differ substantially or negligibly, but differ, in the international legal system there is a unity and coherence regarding the establishment of substantive criminal law. As a result, only here will we be able to have an autonomous and coherent discipline. Otherwise, the name "international criminal law" would be appropriate if it expresses a component of national criminal law that incorporates some or all of international crimes. This is not the case with this manual, since it deals with those international crimes whose regulation is found in international rules, namely in conventional law and, above all, in general international law.
What is in this manual and how is it used? The textbook has several distinct main components: a synthetic presentation of the discipline and main concepts of international criminal law; a synthesis of the topics covered in the first part, in the form of questions and notions necessary for the evaluation of students and the establishment of a scoring scale related to this evaluation; a synthetic presentation of all the cases of the International Criminal Court; The Statute of the International Criminal Court and its amendments, in Romanian.
The first part of the manual, "Synthetic presentation of the discipline and main concepts of international criminal law" includes the main historical milestones of international criminal justice, ending with the adoption of the Rome Statute and the establishment of a permanent international court, highlighting both the origin of the rules of operation of the courts international as well as their historical necessity. Afterwards, the procedural aspects and material aspects of international criminal law are differentiated, including crimes against peace and humanity, war crimes, genocide, aggression and other international crimes, assessed as such from the perspective of public international law. References are constantly made to relevant case law and the most recent cases pending or already resolved by the ICC. Sometimes, the incidental legal texts are translations of the authors, when they do not have an official translation into Romanian, not being rules contained in international instruments ratified by Romania (for example, it is the situation of the definition of aggression, made through one of the amendments to the SR); also, there are sometimes changes even to the official Romanian texts, to the extent that the translation is not the correct one, grammatically or semantically.
The second part includes a synthesis of the first part, necessary for the evaluation of the students and the editing of the scale ideas, so that the different notions settle down systematically and essentially. This part is important for the rigorous training of students. Each chapter of the first part indicates at the end of it the corresponding numbers of the corresponding questions of the second part.
The third part, represents the contribution of George Grigorescu, and consists of a synthetic presentation of the ICC case history, being updated until May 1, 2024. This part is extremely important for the general culture of lawyers, related to the activity of the ICC, being illustrative for anyone interested in evaluating the effectiveness of the CPI's activity from its establishment until the year 2024.
The work also includes a diagram of the Court's jurisdiction, made by Biró Edvin, necessary for a synoptic picture easily accessible to the interested party.
Finally, the translations into Romanian of the main international documents regarding the establishment, constitution and operation of the ICC, constitute the necessary tool for students from Romania specializing in law in their activities of analysis, evaluation and debate of all issues related to international criminal law, at least in the fundamental legal part. Here, it is the place to mention that the real understanding of the meaning of international criminal justice is dependent on the knowledge and understanding of international relations. In the translations, even the official ones, some formulas, expressions or concepts have been adapted to a valid general editing system, coming in particular from the influence of the English language on relations and international law. For example, the word "State" or the phrase "Assembly of States Parties" shall be entered as "State" or "Assembly of States Parties". Also, some words from the official translation, subject to ratification in general by the effect of Romanian law, being wrongly worded, have been entered in the grammatically correct form. This part also includes an explanatory note regarding the status and effect of Romania's ratification of the international instruments that underpin the ICC's activity.
What I think is extremely important is that the authors of this book notice two extremely serious mistakes in the translation of the SR from Romanian: in Article 15(3) "reasonable basis" is wrongly translated as "reasonable grounds" and in Article 127(2) mistranslates the term "withdrawal" with the term "pursuit". We hope that those who have the competence in the legislative area take immediate action.
In this word before it should be mentioned that the process of "ratification" of the legislative events regarding SR for Romania does not have the same calendar as the Rome Statute, in the sense that at the moment it is in force including the crime of aggression, but Romania has not yet ratified its definition, provided by some of the Kampala Agreements and entered into force by the more complex mechanism provided by SR. As a result, students need to view the current English text of SR to know the whole panel of international crimes, specifically referring to the crime of aggression.
The authors express their belief on the occasion of the completion of this manual that the world can only exist in a state of peace, and war and the great atrocities against humanity represent the scourge of the destruction of the "human" state, regardless of which side of the camp some are: the victimized civilian population; aggressors; military; spectators.
Dr. Nicolae Ploeșteanu
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