The peace struggle movement, initiated and led at first by the World Committee of Peace Supporters - and then by the World Peace Council, is a turning point, a new path full of light in the history of peoples.
History shows us that, for centuries, the masses have been removed from the leadership of the state, their wishes have been suppressed by armed force and their just demands have been distorted, falsified by actions of division, racial hatred, class they have taken on more and more violent forms over time. Fascism and Hitlerism manifested themselves with violence and massacres, representing the personal interests of the alleged leaders, who, under the guise of false, criminal theories, pitted the Peoples against each other, unleashed the last two wars, trying to deceive the conscience of the masses, suppressing in blood waves any attempt at resistance.
These criminals, using organized military force, created theories that, glorifying force and brutality, raised to the rank of law the killing of the masses, through racial discrimination, promoting genocide, drowning humanity in waves of blood. Slaughterhouses and gallows, crematoria and camps, the improvement of firearms against science and culture, entire cities and villages ruined and razed to the ground, hundreds of millions of dead, tens and tens of millions of invalids, beings snatched from the ranks of the people, from the ranks life, here is the balance of the two wars. But who could show the immense human suffering, the endless mourning of mothers, widows, children without parents, who have darkened the souls and hearts of the peoples, the victims of the last two wars?
Science has freed from the deep darkness in which the peoples were kept, their conscience, showing the evil role played by the alleged leaders, the horrors, violence and massacres, used by them against the humanity they exploited to the blood, serving - wars, as the closest means, to achieve their goals of enrichment and oppression of the masses.
Peoples can create their own history when they serve the cause of peace, the cause of the holy defense of their homeland, when they fight with fervent enthusiasm against aggressors and invaders, who seek the exploitation and destruction of peoples.
After the Second World War, the peoples fed up with so much suffering, ruin and blood, understood to concentrate their huge will, uniting their powers to decide for themselves their own cause.
A new teaching, created on the realities of life, springing from the experience of peoples, was synthesized and penetrated like a beacon of light the consciousness of all mankind:
"Peace can be saved, Peace must be saved if the Peoples take their cause into their own hands and carry it to the end."
The consciousness of the peoples, penetrated by their enormous force, by the main role it plays in the arena of history, has called to life hundreds and hundreds of millions of people, to the fiery call of the great front of the partisans of Peace. This noble movement, led today by a firm hand by the World Peace Council, depicts the new history of mankind. Peoples equal in rights, free on their fate, they want to cooperate with each other, they want to live in peace, they want to fight not against each other with the deadly weapons of death, but they unite in a supreme tension, all thoughts, all their forces, for the progress of science and culture, for the assurance of a happy life, for all mankind. By ensuring peace between peoples, by their collaboration, by the peaceful coexistence of the two systems, by developing to the maximum in the service of human happiness, science and culture.
The dark past shows that wars, diplomacy and so-called international law were the weapons of the alleged leaders, who played the unfortunate role of slowing down the progress of peoples, to sabotage the creative impulses of the popular masses, which were kept in the dark. , in ignorance, in exploitation, in poverty and total enslavement.
From the writings of the Assyrian kings, who constituted orders for the broad masses, to the ambassadors on whom peace and war depended; from the teachings of Manu's ancient India, which shows us that: In their hands are the destinies by which peace is maintained between kings or war breaks out. "From the wars of ancient Greece, which were an extremely powerful weapon in the hands of the Greek priesthood, directed against those who would have caused any harm to the temple of Apollo, where all members of an amphitheater bound by oath were to take part in the sacred wars, to the military and political treaties and alliances called "Simachii," to the persons sent with the ambassadors (heralds, presbyters, actors), who were always the blind and docile lutes in the hands of the leaders, the treaties of aggression and non-aggression of Philip, up to the diplomatic representatives of ancient Rome (legations, orators); from the Roman edicts of ancient Rome to the relations of feudal independence, in which the character of diplomacy represents the specifics of the feudal regime based on Serbia, to the barbarian era, with the great gifts that delegates received in Byzantine diplomacy; from papal diplomacy to the treaties of princes in Kiev, which in treaties with neighbors showed mutual love "until the sun shines and the whole world lives"; from the matrimonial alliances of Russian princes with the ruling house of neighboring princes; with the advent of German commercial cities, which sought to establish trade relations between Russian cities and German merchants, until the treaties of the eleventh and thirteenth centuries, strengthened by oath on the cross and which followed only the interests of the respective states of the rulers, to the ties of -East with Byzantium, when the Russian church and the Patriarchate of Constantinople gained a special influence, from the treaties between the principles of the fourteenth and fifteenth centuries, in which the place of each prince in the feudal regime was determined by family law also fixed through treaties, the same guiding thread stretches: the principles concentrated in their hands all rap ortures, all powers for their personal benefit. The enormous power of the papacy, the raising of the crusades, the movement of great proportions, which in the form of knights and other institutions, established the strength of the papal church, provided great sources of income for strengthening the popes in the fight against the emperors. Wars were chained, they were always the weapons of battle of kings, emperors, popes against an alleged enemy.
In these wars, the Peoples had no role, no interference other than to serve as a maneuvering mass, cannon fodder, in achieving the domination goals of the so-called leaders.
The 16th, 17th and 18th centuries bring new principles to the arena of history, which in reality camouflages the same interests of the ruling class.
The so-called "state interest" is beginning to be considered the supreme unit of measurement in politics.
In reality and in fact, all the interest of the ruling class is promoted, elevated to the rank of the general good, which must be done by the State in case of need, even by way of violence.
All means are good, there is no connection between politics and morality.
He was born in Bucharest on July 24, 1900, attended the "Mihai Viteazul" high school, then the courses of the Faculty of Law in Bucharest, obtaining a law degree.
He enrolled in the Ilfov Bar where he practiced law until 1964.
In 1943 he was expelled from the Bar by the legionary regime, enduring the worst sufferings together with his family.
In 1930 he founded the progressive Association "Legal Youth".
Between 1924-1940 he wrote specialized legal articles for "Pandectele Romane", "Tribuna Avocatilor", "Gazeta Tribunalelor".
In 1950 he presented to the lawyers his proposals in connection with the Schools of Peace, the International Tribunal, the International Plebiscite,
meant to make a Code of Peace.
Since 1950 he has been conceiving the Peace Code, which he later considered necessary to be included in a Peace Charter.
In the years 1953-1954 he elaborated the work "CHARTER OF PEACE - CODE OF PEACE".
In 1956 he was co-opted in the International Law Commission of the Association of Democratic Jurists in Romania under the leadership of the late
Prof. Edwin Glazer.
Together with the late Prof. George Sofronie, he publishes in the magazine "Contemporanul" an article related to the unofficial codification of some international crimes.
The lawyer Fred Weinberg carried out a rich activity, both in the professional field, where he distinguished himself as a distinguished lawyer, as well as in the field of the fight for Peace, from which he made a creed, for which he militated to the last breath.
He died after a great suffering on March 23, 1964 in Bucharest.
STATEMENT OF PRINCIPLES OF PEOPLES
About peace and collaboration between peoples / 42
Chapter I: On the peace of the peoples / 42
Chapter II: Collaboration between peoples / 43
Chapter III: Supreme International Forums for Assuring and Consolidating Peace between Peoples / 44
Chapter IV: About the United Nations / 44
Chapter V: On the World Peace Council / 45
Chapter VI: Relations between the UN and the World Peace Council / 46
About the peaceful coexistence of the two systems: Capitalism and socialism / 47
Chapter VII: Conditions for ensuring the peaceful coexistence of the two systems / 47
Chapter VIII: Ensuring the peaceful settlement of any disputes between peoples / 47
Chapter IX: Self-determination of peoples / 48
Chapter X: About the nation / 48
On the peaceful coexistence of capitalism and socialism / 49
Chapter XI: Conditions for ensuring the peaceful coexistence of the two systems / 49
Chapter XII: Peaceful Negotiations for the Settlement of Disputes between States / 50
Chapter XIII: Self-determination of peoples / 50
Chapter XIV: General disarmament, the Peace Pact, the peaceful competition between the two systems / 51
Chapter XV: Prohibition of atomic weapons and any bacteriological, chemical weapons of mass extermination / 52
Means for achieving peace, collaboration and peaceful coexistence between peoples / 53
Chapter XVI: Collaboration between peoples in the cultural, economic and social field / 53
Chapter XVIII: Ensuring the subsistence minimum for each citizen / 56
Chapter XIX: Insurance and housing rights of every citizen / 57
Chapter XX: Ensuring free trade between states, ensuring international trade relations / 58
Chapter XXI: Peaceful Settlement of Any Disputes of International Law Between Peoples through Negotiations and Exchange of Experiences / 58
Chapter XXII: Ministers of Peace, Science and Culture / 60
Chapter XXIII: Compulsory Service in the Defense of Peace / 62
Chapter XXIV: Schools of Peace, Science and Culture / 62
Chapter XXV: The Budget of Peace, Science and Culture / 63
Chapter XXVI: Treaties of friendship, non - aggression and disarmament between peoples / 64
Chapter XXVII: Ensuring the Security of Peoples, General Treatise on the Collective Security of Peoples in the World / 65
War, high crime against Peace and humanity / 66
Chapter XXVIII: The action of war / 66
Chapter XXIX: Violence and Armed Forces, Weapons of War / 67
Chapter XXX: The Atomic War / 67
Chapter XXXI: Conqueror War, Aggressive War, Defining the Aggressor and Aggression / 68
The use of nuclear and atomic energy in the service of Peace, Science and Culture / 73
Chapter XXXI bis: Atomic Age - Age of Peace / 73
Chapter XXXII: The Atomic Fund / 74
The month of peace and peaceful coexistence between peoples / 75
Chapter XXXIII: Cultural Exchanges - Cultural Congresses / 75
Chapter XXXIV: International Exhibitions, International Conferences of Ministers of Peace, Science and Culture / 76
International law of peoples. The Means of Sanctioning and Executing the Enemies of Peace, the Great Criminals of Peace, Collaboration and Peaceful Coexistence between Peoples / 78
Chapter XXXV: International Civil Tribunal, Jurisdiction and mode of activity / 78
Chapter XXXVI: The Composition of the International Peoples Tribunal / 79
Chapter XXXVII: Referral to the International Civil Tribunal / 80
Chapter XXXVIII: The mode of judgment of the International Tribunal for the Peoples / 81
Appeals against the judgment of the International Tribunal / 82
Chapter XXXIX: The Appeal - The International Plebiscite of the Peoples / 82
Chapter XL: Execution of judgments given by the International Plebiscite of Peoples / 84
Chapter XLI: Peace Brigades, Peace Executors / 85
The administrative, management and enforcement bodies of the Peace Code / 86
Chapter XLII: General Assembly of the Peace Code / 86
Chapter XLIII: Duties of the General Assembly / 86
Chapter XLIV: Mode of activity of the general assembly / 88
Chapter XLV: The High Council of Peace / 89
Chapter XLVI: General Secretariat of the Peace Code / 90
Ratification and signing of the Peace Charter - Peace Code / 91
Chapter XLVII: Ratification and signing of the Peace Code / 91
Chapter XLVIII: Headquarters of the General Assembly and of the General Secretariat / 92
Chapter XLIX: International Association of Partisans of the Peace Code, collaboration between peoples and the peaceful coexistence of the two systems / 92
CRIMES AGAINST PEACE AND HUMANITY AND THEIR RESPECTIVE PENALTIES
Crime against Peace / 94
Chapter I. Crime against Peace by declaration of war / 94
Chapter II. Crime against Peace by instigation, concealment at war / 95
Crime against Peace by preventing ccollaborations between peoples / 97
Chapter III. Crime against collaboration between peoples by impeding friendly relations / 97
Crime against Peace by preventing the coexistence of the two systems / 98
Chapter IV. Failure to comply with treaties of alliance and international friendship between peoples / 98
Crime against Peace by Fostering Arms / 99
Chapter V. High crime against disarmament / 99
Crime against Peace and Friendship between Peoples / 100
Chapter VI. Crime against Peace by violating national sovereignty and equality between peoples / 100
High crime against Peace by impeding the development of science and culture among peoples / 102
Chapter VII. Crime against Peace by impeding the development of education / 102
Chapter VIII. Crime against Peace by impeding development between states / 102
High crime against Peace through the production and use of atomic energy, hydrogen and other weapons of mass extermination / 103
Chapter IX. High crime against Peace through the use of atomic weapons / 103
Chapter X. High crime against the Peace through the use of hydrogen weapons / 104
Chapter XI. High crime against Peace through the use of unpleasant materials for the mass extermination of populations / 105
Chapter XII. High crime against Peace and humanity, by using the bacteriological, chemical weapon as weapons of mass extermination / 105
Chapter XIII. High crime against Peace and humanity, through the use of atomic energy, hydrogen and weapons of extermination, in addition to human progress, against science and culture / 106
High crime against Peace and humanity, by sabotaging the peaceful settlement of international conflicts / 108
Chapter XIV. High crime against the Peace by preventing the realization of the Peace Pact / 108
Chapter XV. Crime against Peace by preventing the peaceful settlement of conflicts between peoples / 109
Crime against Peace by impeding the development of health care work / 110
Chapter XVI. Impeding the scientific work of health care / 110
Crime against Peace by preventing measures of economic recovery between peoples / 111
Chapter XVII. Crime against Peace by Sabotaging the Means of Economic Development of Peoples / 111
Chapter XVIII. Crime against Peace by Impeding International Trade / 113
Crime against Peace, committed by preventing measures to prepare and educate youth for the defense of Peace / 114
Chapter XIX. Crime against Peace by sabotaging compulsory service in defense of Peace / 114
Chapter XX. Crime against Peace by Preventing and Sabotaging Peace Education and Schools, Peace and Culture Institutions of Peace Universities / 115
Sabotage the Peace Budget / 116
Chapter XXI. Crime against Peace by sabotaging the Peace budget / 116
Failure to comply with the provisions given by the bodies provided in the Peace Code / 118
Chapter XXII. High crime against Peace, committed by non-execution and non-compliance with the governing bodies provided in this Code / 118
Crime against Peace committed by employees / 119
Chapter XXIV. Crime against Peace committed by employees through actions in favor of war / 119
Chapter XXV. The crime against Peace committed by employees who propagated the atomic war / 120
Chapter XXVI. Crime crime committed by employees by impeding the development of science and culture / 121
Chapter XXVII. Other crimes against peace committed by employees that impede peaceful cooperation and coexistence / 122
Chapter XXVIII. Other crimes against the Peace committed by employees / 123
Crime against Peace committed by citizens / 124
Chapter XXIX. Crime against Peace committed by individuals, by instigation to war / 124
Chapter XXX. Other crimes committed by citizens against Peace / 125
Postfata / 128
The author of these pages does a duty of honor in evoking the personality and ideas of an eminent lawyer he met personally, a member of the Bucharest Bar Association. Friederich Weinberg (1900-1964), who in 1953-1954 drafted and proposed the adoption of a Charter and a Peace Code.
A graduate of the Faculty of Law in Bucharest, he obtained his law degree on July 10, 1923. Friederich Weinberg practiced law until his death, except for a period in which - suffering the vicissitudes of the dictatorship regime, he was fired from the ranks of lawyers for racial reasons.
He carried out a rich publishing activity in the legal field, publishing articles in "Pandectele romane", "Tribuna avocatilor", "Gazeta tribunalelor," Orizonturi "," Contemporanul "s.a. Within the Bar Association of Bucharest, since 1954, he has been the secretary of the Peace Committees. From 1956 he became a member of the International Law Section of the Romanian Lawyers Association.
His work "Charter of Peace - Code of Peace" was presented to the management of the Bucharest Bar in 1953, although the work enjoyed a good appreciation among specialists and the management of the Bar, the proposals were not adopted by decision makers of the time .
A modest man, dedicated to his profession, an exceptional family man and a man of culture, Friederich Weinberg has dedicated his entire life - despite the vicissitudes of the times in which he lived - to the ideas of peace, drafting two important documents that retain their value to this day. His personality was evoked by those who knew him, including Professor George Sofronie but also by the author of this evocation, in a meeting of the Romanian Lawyers Union, which took place in 1986.
1. General considerations regarding the conception of the paper
The work codifying the right to peace undertaken by Friederich Weinberg includes the "Charter of Peace-Code of Peace, collaboration between peoples and the peaceful coexistence of the two systems." Summarizes a declaration of principles, a commitment of the peoples and a number of 59 chapters, grouped in 11 titles and 187 articles as well as a second work "Charter of Peace" (Special Part) comprising 30 chapters, grouped in 15 titles and 135 articles .
The basic idea on which these remarkable documents are based is that peace must become the "international law of the peoples," the state of fact and law of all mankind. Under these conditions, the old doctrine "si vis pacem para bellum" must be replaced by the principle "si vis pacem para pacem".
For a long time unjustly, transformed into the maneuvering mass of devastating wars, which caused countless casualties, the peoples are called today to become masters of their own future by resolutely condemning both wars and any other manifestations that would endanger the peace of the peoples. .
Evoking a parallel with the crimes sanctioned by domestic law, Friederich Weinberg asks: “But who punishes the huge crime, the collective crime against humanity, what is war? In whose name is the text of the law shot, killed, machine-gunned, millions, tens of millions of innocent souls? In the name of which text of law and in whose name are cities and villages bombed, are hospitals, schools, faculties of science and culture burned in flames? In whose name does the text of the law prepare powerful creepy bombs, with huge firepower, that will blow up the planet? (p. 4).
Proposing the legislation and the condemnation of any criminal acts that threaten the peace of the peoples, the author is in favor of elaborating an all-encompassing document. which on the one hand to guarantee the defense and maintenance of peace, and on the other hand to sanction those who commit any kind of actions likely to endanger peace. As the author convincingly shows in the "Introductory Chapter" of his work "The Code of Peace" is called to ensure the peace of the peoples, to protect their work, to coordinate the great action for progress ensuring the full victory of the huge front of all humanity against disease, against disease unemployment, against poverty and enslavement of peoples ”(p. 6).
Also noteworthy are the considerations that the author formulates in concluding this introductory chapter: "The Peace Code will ensure respect for international relations, guarantee national sovereignty, protect the principle of non-interference in the internal affairs of other states, and the principles of equal rights for all. peoples. He will thus be the pavilion for the defense of peace in a new world, the world of science, culture, the world of progress ”(p. 7).
2. Domestic and international peace defense mechanisms
Deciding resolutely for the defense of the peace of the peoples, Friederich Weinberg intends to strengthen the role of demanding bodies, such as the UN World Peace Council, but also creating new structures domestically and internationally.
This organization has its origins in the first World Congress of Intellectuals for Peace, convened on August 6, 1948, in Wroclaw. It is in fact a coalition of democratic, independent and non-aligned movements. In 1996, the World Peace Congress, held in Mexico City, redefined its tasks, in the new conditions, among its objectives, including action for global peace, disarmament and security, but also for national independence, economic justice and social protection, environmental protection, human rights and cultural heritage.
At the domestic level, he proposes the creation in each country of "ministers of peace, science and culture", the establishment of a compulsory service for the defense of peace, the creation of "schools of peace", science and culture, as well as institutes of peace and culture. in each country. Worldwide, it proposes the conclusion of a general treaty on the collective security of the peoples of the world, a "Peace Pact" between the five great powers, members of the UN Security Council. as well as bilateral treaties of friendship, non-aggression and disarmament between peoples.
The author also envisages the establishment of a "Month of peace and peaceful coexistence between peoples", the organization of international exhibitions, peaceful meetings, international conferences of ministers of science and culture. As a means of sanctioning those who commit crimes against peace, the establishment of an International Peoples Tribunal is considered, considered the "supreme forum for the judgment of the peoples" which was to function on the basis of a statute. This tribunal was to be composed of a number of judges appointed by each country through a national plebiscite, their election to be ratified by the General Assembly of the Peace Code, by the UN. and the World Peace Council.
While all states would be represented by a single delegate. O.N.U. and the World Peace Council would also be represented by two delegates, elected on the basis of a plebiscite. The President of the International Tribunal was to be elected unanimously by the delegating judges of the signatory countries, this election being ratified by the General Assembly of the UN Peace Code. and the World Peace Council.
In addition to the International People's Tribunal, a number of five "prosecutors of humanity", elected by the General Assembly of the Peace Code, and subsequently confirmed by the UN, were to function. and the World Peace Council. The tribunal was to be notified directly by the people through extensive memoirs - but also by the prosecutors of humanity and the great international institutions.
The right of defense should have been guaranteed in all cases. The decisions would have been given by an absolute majority of votes, the decisions being drafted within a maximum of 10 days from the issuance of the decision and the decision will be drafted in the five official languages of the UN.
Against the decision given by the International People's Tribunal, the convict, the prosecutors of humanity, the civil party and ex officio O.N.U. or the World Peace Council could have lodged an appeal within 15 days of the ruling. The appeal was introduced in a "commission of appeal", composed of five magistrates, and then judged by all the peoples of the world in the form of an "International Plebiscite of the Peoples", which was to be organized in each country. All citizens from the age of 16 would have been obliged to rule on the respective appeal, which would have made "every citizen thus become a judge and an exponent of the will of peace of all mankind" (art. 134).
The decision of the peoples, embodied in the International Plebiscite of the Peoples, was to be translated into all languages, published in the Official Gazette of the International Tribunal, brought to the notice in all institutions and schools of peace. As stated in Article 140: "The International Plebiscite of the Peoples thus becomes the real expression of the will of peace, of the judgment of all mankind, of the aggressor, or of the people, ”
As international mechanisms for enforcing decisions. The Peace Code mentions the Superior Commission of the International Plebiscite and the peace brigades, or peace executors. Detailing the idea of bodies ensuring an international peace structure, Friederich Weinberg proposes the following governing bodies of the Peace Code: the General Assembly (in which each country has the right to nine delegates), the High Peace Council, composed of ten members, the International Tribunal for Peoples - which I mentioned - the Supreme Commission of the International Plebiscite of the Peoples, which organizes the implementation of the decisions, as well as the Secretariat of the Peace Code, which it was to act independently of governments, and to take care of the translation into life of the decisions adopted.
Among the international mechanisms, Friederich Weinberg is considering the creation of an "International Association of Peace Code supporters" for the dissemination and popularization of the ideas of the Peace Code. It is also worth mentioning that regarding the ratification and signing of the Peace Code, it is foreseen that it will be signed by the peoples through their legal representatives, numbering three “even if they do not have the approval of the respective government. As shown in art. 183 of this project. "Delegates, representatives of mass organizations, as well as trade unions in that country, who thus represent the majority of the people willing to be part of the Peace Code, will be able to sign on behalf of their country legally."
3. Fundamental ideas and guiding principles
The Peace Code sums up, among other things, a series of fundamental guiding ideas, which shed light on the democratic vision, from a broad perspective, regarding the international relations that its author has. Thus, even in the first article of the Peace Code it is shown that peace “is the state of fact and law of the existence of peoples. Article 3 states that the relations of collaboration between peoples are carried out "through cultural, economic and political relations, based on the principle of equality in rights and their self-determination."
A special emphasis can be found in the Peace Code in connection with the principle of equality and non-interference in internal affairs, the peaceful coexistence of some countries and peoples, ensuring the peaceful settlement of any disputes, for example, the interesting provisions of art. 14 of the Charter of Peace, which define the self-determination of peoples. "The peoples proclaim that only the people have the right to decide their own fate." No one has the right to interfere in the life of another people, to destroy their institutions, to forcibly change their morals and customs, to restrict their use of the language and to diminish their rights. The life of the people is organized by itself and by virtue of the principle of autonomy, it is sovereign in its actions, and all Peoples are equal in rights, in all forms (emphasis added).
Developing this idea, art. 26 also states that all states enjoy full sovereignty, ie the state of independence from any other power, both inside and outside the borders of the stable. The phrase is in fact resumed in art. 29, which expressly provides that: “all states are sovereign, they have no other greater power over them. They are equal to each other and unite all their efforts for maintaining and ensuring peace, for human progress, for the widest collaboration between them. " Provisions in principle are met in connection with the prohibition of atomic weapons, bacteriological, chemical and mass extermination weapons.
In terms of social concerns, an interesting idea is related to "ensuring the minimum subsistence for every citizen" (art. 50). This obligation would fall to the governments of all states, being guaranteed and supervised by an institute for labor insurance and protection, which will have to exist in each country. Correspondingly, an international institute for occupational safety and security would be set up worldwide, which would examine statistics compiled in the fields of science, art, culture and economics. Such statistics should have been mandatorily transmitted to the Central Institute for Occupational Safety and Health, pending by the UN and the World Peace Council, together with appropriate proposals and solutions deemed necessary. The provisions of art. 52 related to the insurance and housing rights of every citizen, proposing that in this sense to be carried out large construction campaigns, according to a plan prepared by the International Institute for Insurance and Labor Protection.
Pioneering elements we meet in art. 53 of Chapter XX, which is entitled “Ensuring international trade relations. This important article, the value of which is fully demonstrated by recent developments, proclaims the abolition of customs barriers, except for those strategic testimonies, which by their essence can constitute or fuel propaganda or the action of disturbing the peace. The idea is developed that only through free trade can abundance and progress be achieved, and it is expected to remove all restrictions for the development of domestic trade and for the domestic consumption of each state.
4. Prohibitions, sanctions
Given the orientation of the work that I have mentioned in numerous chapters and articles of the Peace Code, as well as of the Special Part, they are dedicated to the prohibition of war, considered the High Crime against Peace and Humanity. "
. The action of war, violence and armed force, atomic war, aggressive war are incriminated. At the same time, the provisions of art. 88 point 3, which refers to the acts of economic aggression, consisting among others in violating the sovereignty and economic independence, threatening the bases of the economic life of a state, performing actions against a certain state that prevent the exploitation of wealth by that state. its naturalization or the nationalization of those riches.
With reference to the situations that cannot determine, in any case, a justification of an act of aggression, are mentioned among others the revolutionary movements, the civil war, the riots or strikes, the establishment or maintenance in a certain country of a certain specific, economic or economic regime. social.
Dealing especially with nuclear war. The Peace Code reveals the particular danger and gravity not only of the use of nuclear weapons, but also of a threat to their use.
The "special part" includes a broad list of actions that may endanger the peace and peaceful coexistence of peoples. Thus, they are listed as criminal acts against the peace of the peoples, the declaration of war, instigation, concealment, obstruction of cooperation between peoples, non-compliance with alliance treaties, crimes against disarmament, disregard for sovereignty and equal rights of peoples.
In connection with crimes against peace, it should be noted that art. 1 of the Special Part defines as subjects of the action of declaration of war, the head of a state, the members of a government, as well as the one who holds an official quality in the state. In connection with the invasion of a foreign territory by the army, art. 2 the incrimination refers to the "leaders of a state". Such forms are found in art. 6, 7 and 9, which contain provisions that speak about the official quality of some persons. The provisions of art. 9, which refers to official persons who accept commissions or gifts, or any other benefits, in order to perform acts contrary to the national interest.
I pay special attention to the provisions of art. 14, which reads as follows: "Commits a crime against cooperation between peoples, one who holds an official status in the state, who violates in any form, the national sovereignty of another state forcing him to accept conditions of exploitation, subjugation, or enslavement economic and social in any form ”.
In the Special Part there are other types of crimes related to the promotion of armaments, violation of the principles of developing friendly relations between peoples, impeding the development of science, culture and education, use of atomic energy, hydrogen energy and other weapons of mass extermination, sabotaging the peaceful settlement of international conflicts, sabotaging the conclusion of a "Peace Pact" between the five great powers, impeding the work of health care, the means of economic development of peoples, international trade. A pioneering provision, which we cannot fail to mention - referring to that era - is that of art. 75, according to which "He commits the crime against peace, the one who holds an official quality in the state, who by his acts and deeds, directly or indirectly, impedes the free development of international trade, either by productive measures or by excessive customs duties, thus hampering the activity of free trade of trade between states ”.
From the vast area of international crimes that may harm peace, we can also mention the impediment of training measures and youth for the defense of peace, sabotage of education, peace schools, peace and culture institutions, peace universities, peace budget, etc.
5. From the above it is clear that the Romanian jurist Friederich Weinberg, promoter of the adoption of binding documents, through which peace must be protected and guaranteed, was by no means a simple "visionary" who seeks to demonstrate the value of peace and to convince people of its benefits, but also a pragmatic jurist, based on a vast culture and with a special spirit of analysis, who at that time and time knew how to select a number of both legal and extra-legal ways. , educational, institutional that could have ensured the right to peace a stable and lasting development.
Obviously, at the time when the two documents of the Romanian jurist Friederich Weinberg were elaborated, Romania did not yet have the necessary possibilities to diplomatically promote an initiative regarding the elaboration of a Code and a Charter of Peace. The ascendancy of Soviet influence over Romania was still too strong then to allow the promotion of a document that spoke about the responsibility of heads of state, high dignitaries, the requirement to promote the equality of rights of peoples, the prohibition of interference in internal affairs, the free promotion of international trade. In the Kremlin it was still forbidden to talk about the "Katyn forest", and Khrushchev's "Secret Report" about the period of I.V. Stalin was not to be presented until 1956, at the 20th Congress of the P.C.U.S.
In any case, from the perspective of history, Friederich Weinberg's ideas retain their importance even today, not only theoretical, but also practical, applied. Militant with determination for the adoption of firm measures to defend the peace, for the incrimination of acts of aggression, both military and political or economic, Friederich Weinberg manifests himself as a forerunner of ideas and concepts that only many years later could and find recognition and consecration. Being less known by the public in our country and especially by the younger generation, the work of Friederich Weinberg is required to be studied, known and appreciated. He undoubtedly belongs in the gallery of great specialists, jurists who campaigned for the cause of peace, so that many of his valuable ideas remain true landmarks of future research, his work deserving to be fully reconsidered and transmitted for study and example to many generations.
The article of the late Prof. Victor Duculescu appeared in: "Notebooks of international law" Nr. (3) 2 Year II 2004 pages 92–96 JOURNAL: - Faculty of Economic and Administrative Sciences within Eftimie Murgu University, of the Romanian Society for the Protection of Cultural Heritage RESITA - ROMANIA and of the Association of European Experts Agreed PARIS – FRANCE.
Prof. univ. Dr. Victor Duculescu
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