Abstracts Nr 1, 2007

Corneliu-Liviu Popescu, The Re-Criminalization of Insult and Calumny in Constitutional Jurisprudence

            In declaring unconstitutional the law that de-criminalizes insult and calumny, the Constitutional Court has, in effect, ruled the two crimes into Romanian criminal law. The article argues that the solution of the Constitutional Court is itself unconstitutional and in conflict with the past jurisprudence of the Court. Further, it is not supported by the provisions of the European Convention on Human Rights or the case-law of the European Court of Human Rights.


Gabriel Andreescu, The „Logic” of a Constitutional Court Decision

The article analyzes the Decision of the Constitutional Court no. 62 of 18 January 2007. It aims to show that the de-criminalization of insult and calumny, the object of said Decision, poses questions not of constitutionality – for it doubtlessly is constitutional – but of reasonability. In its „argument”, the Constitutional Court uses premises which, if accepted, would trigger radical consequences. The article shows that notions such the one that moral damages do not provide legal protection imply that any violation of the fundamental rights and freedoms needs a correlative sanction in the Criminal Code. The article claims that not only are the Court’s premises faulty, but its inferences fail to follow the rules of logic.


Aurora Martin, The Violation of the Rights of Women During Armed Conflicts

The systematic raping of women and girls has become part and parcel of wartime politics. It betrays, on the one hand, a contempt towards women which remains latent in the conscience of many societies; and, on the other hand, a psychological strategy of mounting an assault against the adversary aimed at leaving the latter permanently demoralized by undoing the moral mechanisms that define the masculine and the national identity. The study discusses the dimensions of the phenomenon in question and the extent to which armed conflicts exacerbate gender stereotypes and impact the rights of women.


Alina Gentimir, Genocide as an International Crime

First defined as a subcategory of crimes against humanity and having acquired an autonomous status in 1946, genocide is defined as the intentional killing, destruction or extermination of groups or members of a group. The article discusses the histroy of the concept, its various forms and the means of carrying it out, the conceptual dimensions of the notion, and its current status under international l