<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The observance of fundamental rules of public international law could be ensured only by the strengthening of penal law. However, despite several precedents assuring the good foundation of international law development in this respect and of the future endeavours expected to confirm the international society’s adhesion to the penal repression requirements, the low convergence of public international law and criminal law reveals the difficulties that may occur in the way of a doctrine persuaded by the necessity to construct a new legal subject in the domain of peace. The legitimacy of constituting the International Tribunals was proved, but on the other hand they were reproached the very lack of legitimacy, being ad-hoc constituted jurisdictions instituted by the winners, made only by the representatives of the victor powers, which deprived them from a true international character and the fact that their legal foundation as regards the applicable law was shaky.</p></abstract>

The observance of fundamental rules of public international law could be ensured only by the strengthening of penal law. However, despite several precedents assuring the good foundation of international law development in this respect and of the future endeavours expected to confirm the international society’s adhesion to the penal repression requirements, the low convergence of public international law and criminal law reveals the difficulties that may occur in the way of a doctrine persuaded by the necessity to construct a new legal subject in the domain of peace. The legitimacy of constituting the International Tribunals was proved, but on the other hand they were reproached the very lack of legitimacy, being ad-hoc constituted jurisdictions instituted by the winners, made only by the representatives of the victor powers, which deprived them from a true international character and the fact that their legal foundation as regards the applicable law was shaky.

Application Of International Law Principles By International Tribunals

“Eftimie Murgu” University, Reşiţa, Romania

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Application Of International Law Principles By International Tribunals"}

The observance of fundamental rules of public international law could be ensured only by the strengthening of penal law. However, despite several precedents...

Application Of International Law Principles By International Tribunals

Publié en ligne: 24 nov. 2015

Pages: 455 - 459

DOI: https://doi.org/10.1515/kbo-2015-0078

Mots clés
principles, international penal courts, international tribunals, legitimacy, force, fundamental rights

© 2015 Marian Mihăilă, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Application Of International Law Principles By International Tribunals

Publié en ligne: 24 nov. 2015

Pages: 455 - 459

DOI: https://doi.org/10.1515/kbo-2015-0078

Mots clésprinciples, international penal courts, international tribunals, legitimacy, force, fundamental rights

© 2015 Marian Mihăilă, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
principles, international penal courts, international tribunals, legitimacy, force, fundamental rights