Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Sârcu, DianaSubject: search.filters.subject.Curtea Internaţională de Justiţie

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    ROLUL ACTULUI JURISDICŢIONAL INTERNAŢIONAL
    (2012) Sârcu, Diana
    Due to their variety, international judicial acts have an important role in the international law sources system leading to the realization of the fundamental functions of law. Through its functions, the international judicial act has an outstanding effect on the maintenance of international peace and security, prevention and punishment of international crimes and protection of human rights and fundamental freedoms. Nowadays the peaceful means of international disputes settlement both in practice of international relations and in theory of international law are really various in order to achieve the proposed tasks. The settlement of international disputes by peaceful means represents a basic principle of international relations which offers needed criteria and opportunities to states of the world to achieve a rapid and reasonable solution according to international law with good faith and effective cooperation. What about the role to prevent and punish international crimes, the acts including adopted sentences emitted by the International Criminal Court (ICC), which is the first and unique permanent specialized criminal tribunal, are directed to punish the already committed the most serious international criminal offences, as well as to prevent the commitment of future ones. In a clear manner international ad-hoc tribunals had a substantial influence upon the promotion and factual realization of that role, but only the ICC is engaged to build a new international society conscious of the irreversible consequences of international crimes committing. The role of protection of fundamental rights and freedoms inherent to a human being is also specific to judicial acts, an international tribunal being competent to decide upon a case concerning a violation of any guaranteed right, the adopted decision this way having the authority res judicata. Case law of international courts being not uniform as a concept and contents reflects the real degree of human rights respect in the whole international society and represents an important acquis leading to uniformity of fundamental concepts from diverse legal systems.