Socialist Legal Experts and the Non-Applicability of Statutory Limitations to International Crimes

by Raluca Grosescu

at New Europe College, Bucharest, 12 October, 2016.

raluca_grosescu_nec_seminar

The presentation analysed the contribution of state-socialist governments and legal experts to the development of a major principle of international criminal law, namely the non-applicability of statutory limitations to war crimes, genocide, and crimes against humanity. On the one hand, it examines the transnational mobilization of socialist legal scholars and political elites – their cooperation with Western scholars and “third world” governments – with a view to bringing on the agenda of the international community and enabling the adoption of the 1968 UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. On the other hand, the presentation dealt with the negotiation of the 1968 UN Convention in historical context, with a special focus on its legal innovations and shortcomings, as well as its subsequent impact on the advance of prosecutions of dictatorial crimes in post-communist Eastern Europe (Estonia and Romania) or post-dictatorial Latin America (Argentina and Chile). I argued that state socialist elites played a major role in establishing the non-applicability of statutory limitations to international crimes as a principle of international law. Though intertwined with political agendas and not without flaws, these efforts contributed to the progress of both customary and conventional international criminal law.

Advertisements