Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Roșca, ValentinSubject: search.filters.subject.Carta ONU

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    TIPURI ŞI FORME ALE AGRESIUNII ÎN DREPTUL INTERNAŢIONAL
    (2012) Roșca, Valentin
    War occurs in human history so repetitively that there is a tendency to take it for granted. Like the plague, war would appear every once in a while, leave death and devastation in its wake, and temporarily pass away to return at a later date. There have been suggestions that war falls into the same category of events, considered incapable of legal control but entailing legal consequences. The historical development of responsibility for wars and aggressive acts has seen a shift of focus during the last century. The XX-th century proved that the international community can force the war to be legally controlled and to establish a concrete responsibility for the crime of aggression. The Nurnberg and Tokyo Tribunals proved it. Also the Nurnberg and Tokyo tribunals determined that the crime of aggression require certain government acts. Therefore, a war of „aggression” can only occur if the use of armed force is contrary to international law. Art. 2 (4) of the UN Charter expressly prohibited the use of force in international law. In this case there began to be registered cases for avoiding this rule by using new forms and types of aggression additional to traditional forms of military attacks usually called „indirect” aggression, which give rise to problems of very different sizes and affecting some traditional foundations of international law. These attacks range from several types of ideological fight and political and psychological propaganda, by radio, aerial fliers, etc., organization of subversive movements, political in another country, systematic economic strangulation of a system through a trade boycott. In despite the fact that in a contemporary world the methods and forms of armed conflicts changes with a fulminate speed depending on scientific and technical development the international community is pending the entry into force of the official definition of the crime of aggression which is still based on a definition adopted by the General Assembly in Resolution 3314 (XXIX) of 14 December 1974.