The condition of duration of an armed conflict, between the need for punishment and the need for precision in International Criminal Law

Nicolae PLOEŞTEANU

Raul MIRON

George GRIGORESCU

Biro EDVIN

ABSTRACT

The regime of individual international criminal responsibility in international criminal law differs in terms of legal framing and punishment according to whether a given internal conflict, characterized by violence, destruction, and loss of life, has a longer or shorter duration, even if the intensity of violence remains at the same level and the destruction and loss of life are similar. The International Criminal Court, the most relevant court specialising in the punishment of international crimes, specifically expressed in Article 8 the need for a long-lasting character of the internal conflict, a standard set by the Criminal Tribunal for the former Yugoslavia. In this sense, according to practice, doctrine, and certain case law, a conflict lasting only 3 days will not be qualified as...