JURISDICŢIA INTERNAŢIONALĂ PENALĂ AD-HOC (TRIBUNALELE INTERNAŢIONALE MILITARE DE LA NÜRNBERG ŞI TOKYO)

Diana SÂRCU, Irina LUPUŞOR Catedra Drept Internaţional şi Drept al Relaţiilor Economice Externe

Rezumat

Destruction constitutes an inherent component of armed conflict. The idea that there is some common denomination of behavior, even in the most extreme circumstances of brutal armed conflict, confirms beliefs drawn from philosophy and religion about some of the fundamental values of the human spirits. The early laws and costumes of war can be found in the writings of classical authors and historians. Those who breached them were subject to trial and punishment. Prosecution for war crimes, however, was only conducted by national courts, and these were and remain ineffective when those responsible for the crimes are still in power and their victims remain subjugated. National justice systems have often proven themselves to be incapable of being balanced and impartial in such cases. With the development of the law of armed conflict, concepts of international prosecution for humanitarian abuses slowly began to emerge. Although many initial efforts to create an international criminal court were unsuccessful, the actual prosecution for violations of the Hague Conventions had have to wait until Nürnberg and Tokyo.