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The GoverNment of Romania Voluntary Report on the Implementation of International Humanitarian Law at Domestic Level 2021 SUMMARY I. IntroducTION 5 II. Policy instruments and achievements at the domestic and international levels 7 1. Relevant treaties in the area of international humanitarian law (IHL) to which Romania is a party 7 2. The National Commission on International Humanitarian Law (the Commission) 7 3. The National Strategy for the Application of International Humanitarian Law (the Strategy) 9 4. International Humanitarian Law Day in Romania (14 May) 11 5. The International Criminal Court (ICC) and international criminal justice 11 6. Resettlement activities 12 7. Other actions and initiatives at the regional and international levels 13 8. The Romanian Red Cross Society 16 III. Dissemination, Training and Awareness Raising Activities 17 1. The personnel of the Ministry of National Defence 17 2. The law enforcement and judicial personnel 19 3. Teaching international humanitarian law in schools 19 4. Other relevant activities 21 IV. Domestic Jurisdiction over Violations of International Humanitarian Law and International Criminal Law 23 1. Legal basis for the prosecution and punishment of violations of international humanitarian law 23 2. Legal basis for the prosecution and punishment of war crimes, crimes against humanity and genocide 24 3. Institutions in place for the prosecution of breaches of international humanitarian law 24 4. Extradition to other States or surrender to the International Criminal Court of persons charged with war crimes, crimes against humanity or genocide 25 V. Protections 26 1. Protection of schools and educational facilities 26 2. Protection of the environment 26 3. Protection of cultural property 28 VI. Means and methods of warfare 31 1. Weapons forbidden by law 31 2. Arms Trade 32 VII. Way ahead 33 AnNexeS 34 Annex no. I List of the main legal instruments in the area of international humanitarian law to which Romania is a party 35 Annex no. II Relevant provisions of the Romanian Criminal Code 37 Annex no. III Relevant criminal investigations regarding international humanitarian law and human rights violations 44 Annex no. IV Photos from the archives of the National Commission on International Humanitarian Law 45 I. IntroducTION Romania is committed to defend an international system based on inclusive multilateralism and widely accepted rules designed to ensure peace, stability, respect for universal human rights and strengthening the rule of law. As mentioned in the 2020-2024 Governing Programme, the promotion of and strict compliance with international law remains one of three pillars of Romania’s foreign policy. This strategic guideline, a constant of Romania’s action in the area of external relations, was best captured in a speech delivered in 1937 by a famous Romanian diplomat and former President of the General Assembly of the League of Nations, Nicolae Titulescu, who said that “it is in the peace created by the legal order that the human being can fulfill his/her destiny”. Romania believes that respecting international humanitarian law (IHL) is both a moral and strategic imperative. In today’s world faced with an unprecedented number of conflicts, the significance of this set of norms aimed at limiting the effects of war and protecting civilians is greater than ever. Originally designed for the classic war between sovereign states, the adequacy of international humanitarian law in contemporary armed conflict has been under scrutiny in recent years. However, current violations of IHL are not a proof of a lack of relevance of this body of law, but, in many instances, a consequence of deliberate acts of non-compliance. While there is wide agreement on the importance of preserving existing standards of protection provided by IHL, the new conflict patterns involving non-state actors operating across borders, the urbanization of warfare, the use of new technologies, the privatization of security and the volatile distinction between armed conflict and criminal activities have prompted discussions with the view to examining and better adjusting the application of IHL to the new operational realities. Romania shares the view that the four Geneva Conventions and their Additional Protocols, as well as other relevant international treaties have stood the test of time and must continue to regulate the conduct of hostilities, while supporting efforts meant to clarify any legal dilemmas and promote adequate solutions to specific operational problems. In accordance with article 1 common to the four Geneva Conventions, states are under obligation to “respect and ensure respect” for these conventions in all circumstances. 5  Such efforts are to be carried out both in wartime, by ensuring that parties to an armed conflict comply with the law, and in peacetime, by undertaking preventive measures and dissemination activities. Romania is eager to further work towards consolidating respect for IHL at the international and regional levels, through various initiatives meant to foster dialogue and cooperation in this field, as well as at the national level, through the adoption and enforcement of legislative, administrative and practical measures. Spreading knowledge of IHL as widely as possible is one of the most effective means of supporting its effective implementation. These actions should not be limited to the armed forces, but they should target competent governmental authorities, policy makers and the general population, given the need to integrate the goal of IHL compliance in other relevant national policies, as well as to respond to the increased attention given to this topic against the constant display of the effects of war and violence in everyday news. The National Commission on International Humanitarian Law (The Commission) is an interinstitutional body with the role of monitoring national implementation of IHL and encouraging the dissemination of its norms and principles. This voluntary national report on the implementation of IHL at domestic level, elaborated under the coordination of the Commission, is meant to give an overall picture of Romania’s actions in this area and further raise awareness about IHL in an accessible way to anyone interested in such matters, including the public. The exercise was also aimed at stimulating inter-institutional cooperation and helping national authorities to identify any institutional and normative gaps and, consequently, to improve the coherence and effectiveness of actions in this field. Contrary to most other branches of international law, the core IHL treaties have a limited number of mechanisms to ensure compliance with its norms and lack a mandatory reporting system on national implementation. Therefore, national voluntary reports could prove an important self-assessing tool in support of strengthening compliance with IHL and further stimulating dialogue on IHL issues both in the domestic and global arena. 6 Ii. Policy instruments and achievements at the domestic and international levels 1. Relevant treaties in the area of international humanitarian law (IHL) to which Romania is a party Romania is party to the majority of the IHL treaties, as mentioned in Annex no. I. Most recently, Romania became party to the Third Additional Protocol to the Geneva Conventions of 1949, relating to the adoption of an Additional Distinctive Emblem in 2015, as well as to the Arms Trade Treaty in 2014, directly contributing to the entry into force of this latter instrument. In line with its commitment to respect international law, Romania undertook the necessary measures to incorporate international obligations into national legislation. A New Criminal Code entered into force in Romania in 2014, which fully takes into account the relevant provisions of IHL treaties, including the Rome Statute of the International Criminal Court (ICC). Romania has also accepted the Hague amendment to Article 124 of the Rome Statute (2015) and has launched the internal procedure to accept the Kampala (2010), New York (2017) and the Hague (2019) amendments to Article 8 of the Statute on war crimes. At the same time, the competent national authorities have prepared a draft law on cooperation with the ICC and initiated the formal approval procedure. Moreover, according to Article 20 par. (2) of the Romanian Constitution, where any inconsistency exist between the covenants and treaties on the fundamental human rights Romania is a party to, and the national law, the international regulations take precedence, unless the Constitution or national laws comprise more favourable provisions. 2. The National Commission on International Humanitarian Law (the Commission) The effectiveness of IHL depends primarily on the national implementation. In peacetime, this is mainly achieved through disseminating IHL as widely as possible and incorporating IHL into the national legal order. Necessary structures can be put in place 7  to oversee activities in this area and facilitate inter-institutional coordination, while IHL should be considered as part of the political agenda. It is in this spirit that the Romanian National Commission on IHL was established by Government Decision no. 420 of 29 March 2006, as consultative body of the Government without legal personality. Initially, the Commission was composed of representatives from the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of National Defense, the Ministry of Health and the Ministry of Education. As of 2011, following an amendment to the above-mentioned normative act, the Commission has included representatives from the Ministry of Environment and the Ministry of Culture. Each institution designates a permanent member and may designate an alternate member, aiming to ensure the continuity of the Commission’s activity. The Commission is overseen by an annual Presidency rotating among the Ministry of Foreign Affairs, Ministry of Justice, Ministry of Internal Affairs and Ministry of National Defence, at the level of State Secretary. Its work is guided by an annual plan of action coordinated by the Presidency. At the same time, the headquarters of the Commission is the same as that of the Permanent Secretariat, respectively the headquarters of the Center for International Humanitarian Law from the “Carol I” National Defense University. The Commission has regular meetings up to four times a year, with the possibility, if need be, to hold extraordinary sessions, and submits its annual activity reports to the Prime minister. It benefits of a Permanent Secretariat hosted by the Ministry of National Defence through the Center for International Humanitarian Law within the “Carol I” National Defence University. Upon the President’s proposal, representatives of various institutions can be invited to attend as observers to the Commission’s meetings, such as members of the Parliament, representatives of the Ombudsman, the National Red Cross Society and the International Committee of the Red Cross, as well as experts in the field of international humanitarian law. The Commission is responsible for monitoring the fulfillment of Romania’s obligations under the relevant treaties, as well as for identifying the most adequate means of implementing IHL at the national level. This is achieved by way of making recommendations on specific measures to be adopted, such as amending legislation or encouraging ratification of new legal instruments, as well as, should the case be, by issuing advisory opinions on IHL matters to the decision making authorities. At the same time, it promotes IHL through the activities of the institutions represented in this 8 structure and supports the organization of various meetings (e.g. two international seminars dedicated to fostering cooperation with the ICC) and training courses. By tradition, the Commission is one of the partners involved in the annual organization of the IHL and Refugee Law Competition for university students. In essence, the Commission provides a useful inter-institutional platform for discussion on topics of interest in this area, especially in connection with developments at the international level. Consequently, the ministries represented in this structure are being kept informed and can provide input on all relevant IHL-related activities carried out within the government. Based of the Second Resolution to the 1954 Hague Conference, which recommended the establishment of a national advisory body with competences in the field of protection of cultural property in the event of armed conflict, the Commission has also taken up this task, which fully concurs with its attributions, composition and expertise. More than 10 years after its creation, this instrument has proved its usefulness. It has promoted initiatives to modify legislation to bring it in line with international obligations or to accede to new legal or political instruments. As recent examples, Romania’s endorsement in 2017 of the Safe Schools Declaration was first discussed and recommended by the Commission. Similarly, the ratification of the Third Additional Protocol to the Geneva Convention was launched upon the recommendation of the Commission. The latter was also involved in the elaboration of relevant national reports, such as the ones on the implementation of the Hague Convention of 1954 and its two Protocols and in formulating the national pledges for the International Conference of the Red Cross and Red Crescent. The Commissionˈs existence is a perfectible mechanism, its existence contributed to maintaining IHL on the political agenda, by ensuring a useful network of contact points at the ministerial level and, consequently, by creating avenues of keeping the decision- making level of competent public authorities informed via the traditional reporting after the Commission’s sessions and its annual activity report submitted to the Prime Minister. Preserving the periodicity of the meetings has helped in consolidating the profile of this body. 3. The National Strategy for the Application of International Humanitarian Law (the Strategy) Another significant achievement was represented by the adoption of the first ever National Strategy for the application of IHL in 2007, which sets out general and specific objectives in support of ensuring respect for IHL and spreading knowledge of 9  these norms both domestically and internationally. These goals should be achieved through a joint effort of the competent national authorities and the nongovernmental organizations active in this field. The Strategy has been developed by the Commission and submitted for the approval of the Prime Minister1, in accordance with Art. 4 letter d) of the Government Decision no. 420/2006 on the organization and functioning of the National Commission on International Humanitarian Law. The elaboration of this instrument was meant to raise awareness about the importance of IHL at the national level, as well as to consolidate Romania’s active profile in this area at the international level. The general objectives envisaged by the Strategy are as follows:  Monitoring the relevant developments at the global level regarding conventions in the field of international humanitarian law, with the goal to ratify, as appropriate, those to which Romania is not a party;  Incorporating the norms of international humanitarian law in the Romanian legislation;  Disseminating and spreading knowledge of the norms of international humanitarian law;  Implementing the norms of international humanitarian law;  Actively participating in international meetings in the field of international humanitarian law and in drafting new instruments and norms, if needed;  Monitoring the respect of commitments taken by Romania in this area and reporting in due time c