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- Title
COMPARATIVE ANALYSIS OF WAR CRIMES PROVIDED IN THE ROME STATUTE AND THE ROMANIAN PENAL CODE.
- Authors
BARBU, Denisa
- Abstract
The crimes of war are classified by the Romanian penal code in article 440-444 in five groups as follows: war crimes against persons covered by article 440 C.c., war crimes against property and other rights provided for by article 441, C.c. war crimes v. humanitarian operations and the undertaking provided for in Article 442 C.c., use of prohibited means of combat operations under article 443 C.c., use of prohibited means of combat operations provided by article 444 C.c. In what follows we will deal with the offence of war against people. The text of articles 440 C. c. have correspondent in the previous penal code. The form, however, the new text has, is more elaborate, which is determined by the fact that it was desirable that it should comprise mainly those facts which are provided for in article 3 common to the Geneva Conventions and found in the Statute under article 8 paragraph 2, letter a). Naturally, the protected person no longer is now prisoner of war [1] or civil population, but the person protected by international humanitarian law [2], which includes all the Geneva Conventions, pursuant to paragraph 5, letters a), c).
- Subjects
COMPARATIVE studies; WAR crimes -- Law &; legislation; CRIMINAL codes; CRIMINAL law (Roman law); PRISONERS of war; HUMANITARIAN law; GENEVA Conventions (1949)
- Publication
Revista Academiei Fortelor Terestre, 2014, Vol 19, Issue 4, p365
- ISSN
1582-6384
- Publication type
Article