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15 December 2017
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Gheorghe Russu

Vice-director, The Center for Combating Economic Crimes and Corruption

Parties-Phantoms, Parties - State Institutions, Parties - State Enterprises

Ion PREAŞCĂ

20 parties have registered in the current election campaign. Many people say it is a too big number for such a small country as Moldova. At the same time, much more parties could take part in the election campaign.

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Activists launch Moldova’s first ‘Space Camp’ © Susan Coughtrie

Ratification of the Rome Statute of the International Penal Court: an imperative issue on Moldova's European Integration Agenda

To investigate the most heinous crimes of the twentieth century - genocide, crimes against humanity and war crimes, the international community has set up ad hoc tribunals such as the International Military Tribunals at Nuremberg and Tokyo, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for former Yugoslavia. However, genocide, crimes against humanity and war crimes remain a grim reality of the world today.
Mihail Popşoi, APE, 1 July 2010, 12:43

Thus, on July 17, 1998, the Rome Diplomatic Conference adopted the Rome Statute of the International Criminal Court (ICC) with the aim of creating a permanent and competent international court designed to prosecute people who have committed the most heinous crimes known to humanity. Thereby, the International Criminal Court differs from the International Court of Justice, sometimes called the World Court, which settles disputes between governments. Rome Statute of the ICC entered into force on July 1, 2002 and the Court is fully operational, having its seat in Hague, the Netherlands. The treaty was welcomed and appreciated by governments, legal experts and civil society as the most significant achievement in international law since the adoption of United Nations Charter. In this way, the struggle for international justice has made a major breakthrough.

Thus, the Rome Statute provides for the establishment of a new international structure, the first permanent international criminal jurisdiction in human history. International Criminal Court is independent, tasked with investigating and prosecuting persons accused of committing genocide, crimes against humanity, war crimes, and crimes of aggression. ICC operates under the principle of complementarity, so that national justice systems continue to have primary responsibility to prosecute those crimes. ICC has a responsibility to act only when national system is unable or unwilling to investigate or to submit claims. ICC will not act retrospectively, having jurisdiction only over acts committed after July 1, 2002. Court has a special importance for the following reasons:

 It will serve as a deterrent to these crimes. In most cases during the past fifty years international mechanisms for investigating those accused of such crimes were imposed only after the crimes were committed;
 It will have a much wider jurisdiction compared with existing ad hoc tribunals. For example, the work of the International Criminal Tribunals for the former Yugoslavia and Rwanda was limited to crimes committed in certain territories, and those committed outside the respective territories were not investigated at all;
 The Statute contains progressive stipulations regarding protection of victims from retraumatisation, and a strict compatibility with internationally recognized human rights standards, without any adverse distinction founded on grounds such as gender, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.

Due to the fact that the Statute has been included on the list of 25 most important documents of the twentieth century, a campaign to accelerate the ratification process was promoted, including at the level of Council of Europe and European Union, hoping that the establishment of the ICC is not only provide an instrument for promoting justice, but also a tool to encourage peace. Until June 2010, 111 states have ratified the Rome Statute - which represents more than half of the international community. Of those 111 participating countries, 40 are European countries. Meanwhile, 37 countries have signed but not ratified the ICC Statute; Republic of Moldova is among them together with Armenia, Azerbaijan, Turkey, Belarus, Vatican City, Monaco, Russian Federation and Ukraine, the only European countries not party to the Statute.

 



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