Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes

Authors

  • Dumitrita Florea Lecturer Phd Dumitriţa Florea, "Stefan cel Mare" University of Suceava, Romania

DOI:

https://doi.org/10.18662/lumenlaw/8.2/45

Keywords:

case of Klaus Barbie and Jean-Pierre Bemba Gombo, responsability of natural persons, international crimes

Abstract

In international law doctrine carried on extensive talking and still it is a actual subject, if the individual is liable of responsability and, implied, of sanction for international crimes. Before to reveal some aspects of natural persons responsability for international crimes a couple of clarifications is required. Thus, we recall that the first author which use the term international criminal law was Jeremy Bentham, who distinguished between the criminal law of the community of states and the criminal law of a state. Over time, legal doctrine has extrapolated the concept of legal relationships with an international element, making the distinction between public international law and private international law. If criminal law is a branch of public law, then international criminal law becomes a sub-branch of international law, regulating criminal legal relationships with an international element. In other words, referring to private international law, we specify that it represents the totality of legal norms that resolve conflicts of laws or conflicts of jurisdiction and those regarding the legal status of the foreign national. In this context, the international element appears as a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems (or laws belonging to different countries). With regard to international criminal law, we specify that this is a branch of public international law and designates the set of legal norms stipulated in various conventions and treaties by which states, in their capacity as subjects of law, order the repression of illicit acts that infringe fundamental rights of the international community. In other words, international criminal law consists of rules of general international law that govern the criminal liability of natural persons, individuals, for acts that harm international public order and constitute crimes against humanity.

References

Ciucă, A. (2017). Persoana fizică în dreptul internaţional public: prolegomene [The natural person in public international law: Prolegomena]. Lumen.

Creţu, V. (1996). Drept internaţional penal [Criminal international law]. Editura Societății Tempus.

Diaconu, I. (1978). International liability of state. Romanian International Studies Journal, 3, 330.

Geamănu, G. (1975). Drept internaţional contemporan [Contemporany international law]. Didactică și Pedagogică,

Gună, D. A. (2019). Soluţionarea diplomatică a diferendelor în dreptul internaţional fluvial [Diplomatic settlement of disputes in international river law]. Lumen.

International Criminal Court. (2016). The Prosecutor v. Jean-Pierre Bemba Gombo. https://www.icc-cpi.int/car/bemba

Pașca, I. C. (2020). Drept internaţional penal [Criminal international law]. Universul Juridic.

Supreme Court of France, Criminal Law Chamber. (1983). The Prosecutor v. Klaus Barbie, Decision of 1983, October 06. http://www.internationalcrimesdatabase.org/Case/183

Downloads

Published

2020-12-12

How to Cite

Florea, D. (2020). Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes. Logos Universality Mentality Education Novelty: Law, 8(2), 56-67. https://doi.org/10.18662/lumenlaw/8.2/45