Unele consideratii asupra pãrtii generale a dreptului international penal
Remarks on the General Part of International Criminal Law

Summary/Abstract: After decades of little or no reflection on the General Part of International Criminal Law (“ICL”) the practice of the Ad Hoc Tribunals and Part III of the ICC Statute offer a unique opportunity and, at the same time, make it necessary to give more thought to rational rules of attribution for international crimes. Indeed, the aim of further research must be to develop a more sophisticated system of attribution, i.e. a true “Zurechnungssystem” or “sistema de imputación/ imputazione”. This is especially important in ICL since it is primarily concerned with high level perpetrators who rarely commit the crimes themselves (with their own hands) but use mid- or low level perpetrators to execute their criminal plans. While it is recognized today that ICL “in action” is primarily criminal law, the rules of attribution are still underdeveloped and basically follow a twofold system of attribution. Even worse, some rules developed by the case law violate, in their extreme form, fundamental principles of criminal law. Starting to identify these principles, e.g., in this paper, the principles of legality and culpability, is the first step to advance in the construction of a more sophisticated and legitimate system of attribution.

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