Transitional Justice - Mandatory Requirement or Valid Alternative in International and National Law?

被引:0
|
作者
Gentimir, A. [1 ]
机构
[1] Alexandru Ioan Cuza Univ, Fac Law, Iasi, Romania
关键词
peace; reconciliation; transitional justice; international criminal tribunals; alternative accountability mechanisms;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article aims to identify alternatives that favor strengthening and expansion of the incidence of general objectives such as peace, security and justice. Given the essential dichotomy proposed by the international criminal law - peace and justice - for massive, widespread and systematic violations of human rights, it would be useful to determine which alternative would fit the current universal requirements and would have positive effects. It is revealed a complex system of laws combined with a qualitative and quantitative development of legal mechanisms, which in practice serves to demonstrate the hypothesis that a regional operation is more productive than an international one; the effectiveness of regional protection of human rights can be a good example. So, alongside the specific measures of the international regulations - criminal trials, truth commissions, compensation, institutional reforms - are highlighted European legal substantive instruments, such as the European arrest warrant and the mutual recognition of custodial sentences and measures involving deprivation of liberty or European institutional instruments such as European network of contact points and Eurojust, which together form the framework for judicial cooperation criminal and transitional justice in the European Union. Regulation and implementation of universal jurisdiction for international crimes both at Member State and regional organization level should be a viable proposal as long as it is operated successfully in the activity of the International Criminal Court. However, the suitability of an European criminal justice system should be an extremely mobilizing topic of discussion in the future, this system can be described as a bold extension of the work of the European Public Prosecutor's Office, which is an independent authority to investigate and bring to justice, crimes of fraud against the European Union and other offenses against the Union's financial interests.
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页码:579 / 585
页数:7
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