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ases of violations of norms of international humanitarian law to the
competent authorities, as well as indicating the appropriate remedial actions based on
proposals from line ministries;
Promoting international cooperation, including with other national commissions on
international humanitarian law.
The general objectives are complemented by specific ones, namely:
Disseminating the norms of international humanitarian law within the Armed Forces
and all other national structures with responsibilities in this field, as well as within the
civil society;
Achieving an efficient communication and an optimal information flow on IHL-related
topics;
Developing the relationship of the National Commission on International Humanitarian
Law with the national authorities;
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Approved by Decision of the Prime Minister of Romania no. 298 of 17 December 2007
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Adopting measures regarding the protection of cultural property in case of armed
conflict;
Providing adequate protection to civilians, women, children and disadvantaged
persons in case of armed conflict;
Striving to ensure adequate resources to achieve the objectives set out by the
Strategy;
Undertaking actions in support of promoting the international humanitarian law.
The necessary measures to implement the above-mentioned objectives are taken at
the level of the ministries with responsibilities in this area and included in an annual
Action Plan elaborated by the Commission.
Given the time passed since its adoption, the Commission has agreed on the need to
prepare a new and modern Strategy, which should take into consideration the latest
developments and lessons learnt at the national level, as well as the trends and
challenges identified at the global level. The prior elaboration of this voluntary report
is supposed to facilitate the process of updating the Strategy.
4. International Humanitarian Law Day in Romania (14 May)
The importance devoted to the dissemination of IHL and the contribution of the
Commission to this end are illustrated by the adoption of Law no. 177 of 2013 through
which the 14th of May was declared, upon the initiative of the Commission, as
“International Humanitarian Law Day in Romania”.
The choice of date has symbolic meaning, representing the day on which Romania
ratified, in 1954, the Geneva Conventions of 1949 and, consequently, as an expression
of attachment to the universal IHL values. In order to mark this anniversary, a series
of events aimed at promoting IHL are regularly organized by the competent authorities,
in collaboration with the Romanian Red Cross.
5. International Criminal Court (ICC) and international criminal justice
The Geneva Conventions and the Additional Protocol I state that grave breaches of IHL
must be punished. Legal consequences of violations of IHL are not limited to those
under the law of State responsibility. The persons committing such crimes are subject
to individual criminal responsibility.
By encouraging the national prosecution of war crimes and, more significantly, by
establishing international bodies such as the ICC and the ad-hoc international criminal
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tribunals, the international community has placed an increased focus on the repression
of serious violations of IHL.
Under the Rome Statute of the International Criminal Court, serious violations of IHL
and grave breaches of the Geneva Conventions are classified as war crimes. More
specifically, the Statute codified the well-established body of war crimes committed in
armed conflicts. Thus, not all breaches of IHL fall within the jurisdiction of the Court,
given that the less serious violations do not qualify as war crimes.
Romania is an active supporter of the activity of the ICC and of the global justice
system, sharing the conviction that the pursuit of justice serves durable peace. Romania
will continue to raise awareness about the Court’s mandate, defend the impartial and
independent conduct of its functions and ensure its improved performance as the sole
permanent international criminal jurisdiction.
While States retain the primary responsibility to prevent, investigate and prosecute the
gravest international crimes under the competence of the International Criminal Court,
the existence of the Court has clearly contributed to combating impunity and
consolidating the concept of accountability under international law.
The activity of the ICC has been a catalyst for passing relevant domestic legislation and
for consolidating national justice mechanisms, in accordance with the complementary
character of the Court. As ad country co-focal point on complementarity of the Bureau
of the Assembly of States Parties (ASP) between 2017 and 2021, Romania constantly
called for a renewed attention to supporting national proceedings, including by
mainstreaming the Rome Statute concepts into the relevant development assistance
programmes dedicated to the consolidation of the rule of law.
As part of the political support for the Court, in addition to the above-mentioned
function, Romania also acted as co-facilitator of the Action Plan on the universality and
full implementation of the Rome Statute (2013) and held several mandates in the ASP
Bureau.
6. Resettlement activities
Armed conflicts remain a major cause of forced displacement. Given the complexity of
today’s warfare, the reality of the multifaceted interactions between humanitarian law,
refugee law, and human rights law cannot be overlook in the context of ensuring the
most effective protection for some of the most vulnerable victims of violence.
Resettlement, as a durable solution for refugees, is a form of responsibility sharing
between countries and a key-instrument for the implementation of the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol. It is the procedure for the
selection and transfer of refugees from a state where they have applied for protection
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in another state receiving them as refugees, with the possibility of permanent residence.
Refugee resettlement also plays an important role in the EU policy on asylum.
The domestic legal framework for refugee resettlement is ensured by Law no. 122/2006
on asylum, which provides for refugee status eligibility, and the Government Decision
no. 1596/2008 regarding the resettlement of refugees in Romania, which sets out the
criteria2, quota and procedures for resettlement.
The National Committee for Refugee Resettlement, a consultative body composed
of representatives from the Ministry of Internal Affairs and the Ministry of Foreign
Affairs, makes annual recommendations as regards the countries of asylum and refugee
groups that the Romanian resettlement programme should focus on for the coming
year. The Committee bases its recommendations on several aspects, including the
UNHCR’s projected global resettlement needs, Romania’s foreign policy and the joint
resettlement priorities of the European Union. The recommendations are submitted for
approval to the minister of interior and the minister of foreign affairs.
Romania has also contributed to the global resettlement efforts through the establishment
of an Emergency Transit Center (ETC) in Timisoara in 2008, following a
Tri-Partite Agreement between the Romanian Government, the International
Organization for Migration and the United Nations High Commissioner for Refugees
(UNHCR). The ETC can accommodate up to 200 refugees who for reasons of security
urgently need to be evacuated from a country of asylum, but have not yet been
accepted for resettlement to a third country. The selection missions, orientation
sessions and medical examinations of the resettlement countries can thus be conducted
in the best possible conditions.
7. Other actions and initiatives at the regional and international levels
a) Romania has been a constant supporter of initiatives aimed at strengthening
compliance with IHL at the international level, such as “the Geneva intergovernmental
consultation process” co-facilitated by Switzerland and the International Committee of
the Red Cross (ICRC). It will continue to plead in favour of a non-politicized space for
regular intergovernmental dialogue on topics of common interest in this field.
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Person eligible for resettlement:
- recognized as refugee according to the 1951 Refugee Convention by a State or by the UNHCR;
- does not enjoy an effective protection on the territory of the country of asylum;
- does not have any perspectives for integration in the country of asylum;
- does not have any perspectives for voluntary repatriation to the country of origin under conditions of
safety and dignity;
- does not present a threat to public order, national security, public health or morals;
- expresses agreement to be resettled in Romania;
- displays potential for integration in the Romanian society;
- meets minimum health status requirements set by the Ministry of Health.
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b) Romania has used the momentum offered by the sessions of the International
Conference of the Red Cross and Red Crescent (IC) to reaffirm its voluntary
commitment to strengthen compliance, promotion, dissemination and implementation of
international humanitarian law, through the common pledges by the EU and its Member
States. At the same time, Romania contributed to the reports on the status of
implementation of the pledges submitted by the EU and its Member States to the
International Conference. During the 32nd session of the IC (December 2015), Romania
co-hosted with Poland a side-event on lessons learnt from voluntary reporting on national
compliance with IHL, where it expressed its interest in elaborating a report of this kind.
c) Furthermore, Romania supported the preparation of annual reports on the EU
Guidelines on promoting compliance with IHL as a means of better disseminating
knowledge of the European Union’s work in this field and helping to improve the
coherence and effectiveness of its efforts.
Along the same lines, in 2019, Romania supported the revision of the mandate of the
EU Special Representative for Human Rights (EUSR) to increase EUSR’s role in
advancing and implementing the European Union’s positions on IHL and International
Criminal Justice. Such a decision was meant to respond to the need for strengthened
internal coordination to adequately mainstream IHL and accountability issues in all
relevant areas of EU’s foreign policy, as well as to engage closer with partners in
advancing respect for IHL and supporting the fight against impunity worldwide, while
promoting public understanding of EU’s contribution in this field.
d) Complementary to efforts in the global arena, Romania tried to seize the
opportunities for regional dialogue as important avenues to foster observance of
IHL through providing context-specific solutions.
On 13 October 2006, the Commission organised an extraordinary meeting with the
National Advisory Committee on Coordinating the Application of International Humanitarian
Law in the Republic of Moldova with the view to allowing for an exchange of information
on the activity and added value of these inter-institutional mechanisms, as well as on
useful means of widening the knowledge about IHL, especially in schools.
On the margins of “The Martens Readings” International Conference on International
Humanitarian Law co-organized by the International Committee of the Red Cross and
the St. Petersburg State University in Sankt Petersburg from 31 May to 2 June 2017,
the Romanian representative, member of the National Commission on IHL, took part
in an informal meeting of the National Commisions/Commitees on IHL together with
delegates from Hungary, the Republic of Moldova, Belarus and Tadjikistan. The Russian
Federation attended as an observer.
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The Commission aimed at further contributing to stimulating regional cooperation by
organizing, together with the ICRC, a Regional IHL Conference for States in Central
and South-Eastern Europe in Bucharest on 27-28 March 2018. The idea of this
event stemmed from informal discussions between interested delegations on the margins
of the Universal meeting of National Committees and similar bodies on international
humanitarian law organized by the International Committee of the Red Cross in Geneva
from 30 November to 2 December 2016. The purpose of the Regional Conference was
to discuss IHL issues of common interest and encourage peer-to-peer cooperation.
The dialogue focused on the IHL-related work of the national authorities and in particular
on the role and performance of national IHL commissions and similar bodies on IHL,
with the view to exchanging information, both in terms of challenges and best practices,
in support of enhancing their activity. Preparing an action plan, producing an annual
report, making this report public, building ties with the relevant national stakeholders
and having a dedicated webpage for the national commission were some of the good
practices highlighted in this meeting.
Whilst the discussions pinpointed the absence of a standard model for the set-up and
functioning of such committees, as the specific political and institutional realities of
each state must be taken into account, the exchange of views confirmed their important
role in ensuring respect for IHL at the national level and, potentially, more broadly.
Therefore, their establishment was to be encouraged.
Participants agreed on the need to develop the regional dialogue on IHL as a way of
boosting the impact of national mechanisms and processes, as well as expressed
availability to contribute to establishing and maintaining a network of IHL focal points
in the region with the purpose of exchanging information, experiences, best practices
and possibly even identifying means of contributing collectively to strengthening IHL
compliance at a more general level.
e) Taking into consideration the 2014 Strategy of the EU Network to combat impunity
for the crime of genocide, crimes against humanity and war crimes within the European
Union and its Member States, as well as the national requirement upon a Military
Prosecutor’s Office attached to the Appeal Court to assemble a multidisciplinary team
to investigate a mass grave, the Romanian Government took action to invest in
the formation of national experts to support a multidisciplinary research of
mass graves with the aim of preventing such atrocities from happening.
On September 27-28, 2018, the Romanian Ministry of Foreign Affairs and the Public
Ministry, together with the Auschwitz Institute for Peace and Reconciliation, launched
the National Expert Network on Genocide Prevention and Multidisciplinary
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Research on Mass Graves. This project was aimed at bringing together and
enhancing the knowledge of Romanian experts involved in criminal investigations,
police and forensics work, criminology, pathology, anthropology and history. At the
same time, the initiative was meant to contribute to the international efforts in the area
of investigating and prosecuting the most serious crimes under international law, by
creating the possibility to lend the national expertise in the field, as needed.
In the period 2017-2019, the Ministry of Foreign Affairs and the Public Ministry organised
a series of national and regional seminars on the subject of genocide and mass atrocities
that helped stimulate inter-institutional cooperation, consolidate relevant expertise and
raise awareness about the importance of IHL.
8. The Romanian Red Cross Society
The Romanian Red Cross was established on 4 July 1876 and has been continuously
operating since then. The Romanian Red Cross is the only humanitarian institution in
the country that has clear duties as auxiliary to the public authorities, especially in the
field of prevention and intervention in case of disaster.
Within the International Red Cross and Red Crescent Movement, the Romanian Red
Cross was recognised by the International Committee of the Red Cross in the year of
its establishment. It has also acted as the designated national affiliate of the International
Federation of Red Cross and Red Crescent Societies since 1919.
In 1995, the National Red Cross Society was recognized by law3 as a non-governmental,
apolitical, autonomous legal entity, without patrimonial scope, auxiliary to the public
authority, which carries out its humanitarian activity on the entire Romanian territory.
The Romanian Red Cross provides emergency assistance, disaster relief and education
inside Romania, through a national network of 47 branches and over 10,000 active
volunteers, who devote their time to assisting persons in difficulty.
At the same time, promoting IHL within the general public, in particular young people,
remains at the core of the work of this institution. Consequently, one of the priorities
of the Romanian Red Cross is to consolidate its role as an important provider of
education in the area of IHL.
The Romanian Red Cross has a rich history of collaboration with the Romanian public
authorities in delivering social, health and educational services, according to its mission.
According to Art
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