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- Title
GENERAL ASPECTS REGARDING INTERNATIONAL LEGAL LIABILITY OF STATES.
- Authors
PLEȘA, Ioana-Andra
- Abstract
Legal liability in the general sense of the inevitable consequences of violating express rules of law. Attracting legal liability involves the application of punishments (criminal liability) or sanctions (misdemeanor liability), depending on the area to which we do not report, because the violation of regulations can not remain without consequences, otherwise paying attention to the rule of law. The international legal responsibility of states is a vast subject, which is why we have chosen to emphasize the general aspects. The topic is a topical one, especially considering the global situation generated by the Russia-Ukraine conflict.Sanctions applied to Russia until the moment they are economic sanctions, having only the role of sanction, but also an attempt to extinguish the conflict as a result of the decrease of Russia's financial possibilities to support the war. International legal liability is a form of legal liability being the consequence of violating essential rules of public international law. There are two situations in which we can discuss the attracting of international legal liability, namely: the situation in which the subject of international law is liable for violation of the rules of public international law by some unlawful acts or acts causing damage and liability and the consequences of damage to activities that do not are prohibited by public international law. With regard to this international criminal liability, it is of increasing importance in public international law, and in this regard we consider that some clarifications are needed. International criminal liability is unquestionably the consequence of a violation of the rules and principles of public international law, namely the violation of those rules which come to protect the right to life and security of the population in the territory of one or more states. The question arises: who violates these rules: the state? Individuals? The answer to this question is simple, because it is unanimously acknowledged that criminal liability is personal. The natural person is criminally liable regardless of his / her status, ie a citizen without a special quality (without a representative function in the state - if the crime committed does not require a special quality from the perpetrator) or a natural person who at one time had a special quality that lost it as a result of the withdrawal of immunity for trial by an international court. Criminal liability in both domestic and international plenary is incurred if a person has committed a criminal offense through an unlawful act. As in domestic criminal law and international criminal law, the person will be held liable as the perpetrator, co-perpetrator, instigator or accomplice. Each type of liability attracts repercussions. These consequences are applicable to each case without being able to discuss the existence of precise sanctions, but they apply depending on the defining elements regarding the particular situation invoked.
- Subjects
RUSSIA; UKRAINE; LEGAL liability; MISDEMEANORS; INTERNATIONAL law; CRIME; INTERNATIONAL criminal law; CRIMINAL law
- Publication
Valahia University Law Study, 2022, Vol 39, p234
- ISSN
2247-9937
- Publication type
Article