Several reflections regarding the applicability of Article 31 (1) c) of the ICC Statute Cover Image
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Unele reflecţii cu privire la aplicabilitatea art. 31 alin. (1) lit. c) din Statutul Curţii Penale Internaţionale
Several reflections regarding the applicability of Article 31 (1) c) of the ICC Statute

Author(s): Alexandru Rîşniţă
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: self-defence; applicability; defensive operation; use of force; proportionate defence; essential property; war crimes; crimes against humanity; genocide

Summary/Abstract: The current article tackles a delicate subject in international criminal law, namely the applicability of self-defence as grounds for excluding criminal responsibility. The author commences by briefly presenting the existing differences between Article 31 (1) c) of the ICC Statute, and Article 51 of the UN Charter. Moving on, the paper presents the area of applicability of the analyzed article, by relating it to other legal provision stipulated within the Statute. At this stage, the author points out the existing impediments in retaining this justificatory defence, considering multiple other legal texts. Next, the article sets about enlarging upon some nomenclature issues, residing within the ICC definition of self-defence, namely “being involved in a defensive operation”, “imminent and unlawful use of force”, “to reasonably defend oneself”, “property which is essential to the survival of a person or for accomplishing a military mission” and “a proportionate manner of defence”. The paper then moves on to examining the compatibility of self-defence with the crimes that fall under ICC jurisdiction. At this point, the author establishes that, even though it is possible to commit one of the crimes within the Statute under the privilege on self-defence, this sort of situation is scarcely possible to occur.

  • Issue Year: X/2014
  • Issue No: 01
  • Page Range: 84-100
  • Page Count: 17
  • Language: Romanian