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Ultima descărcare din IBN: 2023-11-12 13:57 |
SM ISO690:2012 SACAGIU, Vladimir. Jurisdicţia curţii penale internaţionale în raport cu suveranitatea de stat. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2008, nr. 1, pp. 94-98. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 1 / 2008 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 94-98 | ||||||
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The International Criminal Court has the competence to judge the next international crimes: crime of genocide, crimes against humanity, crimes of war and crimes for aggression. Concerning first three crimes there is no problem with the competence of the International Criminal Court to judge it, but concerning aggression the Court can not judge it until it will not be introduced the definition of this crime in the Rome
Statute of the Court. The process of ratification of the Court’s Statute makes to the states some problems of sovereignty. These problems are: extradition, problem of immunity, amnesties and others. To solve these problems it is necessary to introduce some modifications and completions in the national legislation, also it is necessary to interpret some provisions of the Constitution that are contrary to the Rome Statute of the Court. Every state must choose by itself the best way to harmonize the national legislation to the provisions of the Rome Statute of the Court.
The Republic of Moldova was not an exception, and in the process of ratification of the Rome Statute met some problems of sovereignty. In the case of harmonizing the national legislation to the provisions of the Rome Statute it was elaborated some projects of law in sense of modification and completion the Constitution and the Criminal Code of Republic of Moldova. The articles 18, 19, 70, 81 of the Constitution of Republic of Moldova will be modified, and also will be modified some articles from the Criminal Code of Republic of Moldova. USA concludes with other states bilateral immunity agreements that would prevent the surrender of persons to the International Criminal Court. These agreements are criticized by the doctrine and by the specialists in the field. It is possible that USA may propose to Republic of Moldova to conclude such agreement. In these case Republic of Moldova should be very careful when it will take a decision, because in the case that Republic of Moldova concludes such an agreement, it may be possible that the foreign policy of the Republic of Moldova will change, because the European Union will not be late with its critici to the address of Republic of Moldova. That’s why the Republic of Moldova should take a decision concerning its foreign policy. |
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