Portal de Periódicos da CAPES

Crimes de guerra

1998; UFU Faculty of Law Magazine; Volume: 93; Linguagem: Inglês

10.11606/issn.2318-8235.v93i0p371-389

2318-8235

José Roberto Franco da Fonseca,

Criminal Justice and Penology

Only individuals can practice war crimes, which are punished by "ad hoc" courts. This punishment consists on life or temporary imprisonment. Only States can practice violence against Human Rights. Those States will be judged by special permanent Courts (Strasbourg, France and San Jose of Costa Rica). The defendant State will be submitted either to merely political judicial statements or to civil indemnities charges. Therefore, war crimes and Human Rights are essentially different juridical matters, with different system of legal rules for eachother.