Crimes de guerra e a atuação dos tribunais internacionais

Abstract

The present work analyzes war crimes as serious violations of norms within International Law and which currently can only have individuals as their active subject, despite the fact that throughout the research some doctrinal currents and thinkers admit that legal entities can be the active pole, however, it is observed that these are controversies that are still far from having their debates exhausted. Throughout history, crimes have been judged by ''ad hoc'' courts, courts that have suffered a lot of criticism from the international community, whether due to the political character that some had, or due to non-respect for unobserved rules or conditions related to due legal process. , however, forms courts that in some way contributed to awakening the international community to the importance of discussion on the topic, discussions that resulted in the installation of the recently created Permanent Court in The Hague, but which still needs to face some questions to that it has a plural and impartial character, distancing itself as much as possible from political harassment. For these crimes, the applicable sanction is currently of a criminal nature (imprisonment, perpetual or temporary). Violations of fundamental rights can only have the State as the active subject, are judged by special permanent courts, the applicable sanction is merely political (sentence of a declaratory nature) or is also increased by conviction (civil compensation). War crimes and fundamental rights are, therefore, matters that should not be confused, and in the course of producing this material we still come across two contemporary conflicts, something unimaginable until recently today, the conflict between Russia and Ukraine, and the conflict between Israel and the radical Palestinian group Hamas. Books and articles from reference authors on the subject were used.