The Cornerstone of Legality. Case Study: International Criminal Law Cover Image
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Temelia principiului legalitãţii. Studiu de caz: dreptul internaţional penal
The Cornerstone of Legality. Case Study: International Criminal Law

Author(s): Cristina Tomuleţ
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: legality; nullum crimen-nulla poena principle; natural law; legal positivism; international criminal law; abuse of law; transitional justice; ad hoc tribunals; human rights law; formal and material justice.

Summary/Abstract: The present study aims at emphasizing the fundamental issues of legality as a universal concept. To this end, the author analyzes first of all the hard core of law, in a broad sense, consisting of its external and internal qualities and of the nullum crimen – nulla poena principle, using as a context the field of international criminal law. Throughout the study, much importance is given to natural law – as a fundamental basis of both national and international legality, the author attempting to prove that a flexible approach to the nullum crimen - nulla poena principle in international criminal law is justified from a natural law perspective. Also, according to the author, disparities between national and international legality are understandable in view of the different characteristics regarding the nature of the systems in question. The intensive centralization of national systems allows for a strict abidance by the nullum crimen-nulla poena principle, whereas the same approach becomes impossible in the international system due to the distinct nature of its sources of law, as well as the ex post facto feature of international criminal law. The author concludes by ascertaining that beyond the considerations regarding the clash between national and international legality, the eternal conflict between material and formal justice in all fields of law should end by giving prevalence to legal effectiveness, in conformity to the original goal of Law – realizing justice for the benefit of human beings.

  • Issue Year: IX/2013
  • Issue No: 02
  • Page Range: 118-140
  • Page Count: 24
  • Language: Romanian