(en)

. 11 (i) of Law no. 139/1995, it can conclude protocols of cooperation and elaborate action programmes together with other competent entities, institutions or ministries. The National Society can also be invited as an observer to meetings of the National Commission on IHL where topics of common interest are discussed. 3 Law no. 139/1995 on the National Red Cross Society in Romania 16 IIi. Dissemination, Training and Awareness Raising Activities 1. The personnel of the Ministry of National Defence The Ministry of National Defence, through its specialized structures, gives special attention to the dissemination of the rules of international humanitarian law within the armed forces, in accordance with the specific objective set out in the National Strategy. This goal is achieved through: a) the integration of the IHL norms into the military doctrine, training and educational programmes; b) the issuance of orders or instructions for the armed forces in compliance with Romania’s obligations under the IHL. Therefore, consolidating knowledge about IHL is part of the continuous professional training of the Romanian Armed Forces, the curricula of military educational establishments/ institutions, as well as of the planning and conduct of domestic or international military operations. To this end, the Ministry of National Defence has taken the following concrete measures:  creating an organizational framework to carry out the activity of integrating the norms of international humanitarian law into the training process of the armed forces composed of: - the Center for International Humanitarian Law (established since 1993) within the “Carol I” National Defence University, an institution of higher education and scientific research for the armed forces personnel; - legal offices with competences in the field of IHL established within the General Staff (Defence Staff); - legal advisers/trainers in the field of IHL within the Army, in accordance with Article 82 of the Additional Protocol I to the Geneva Conventions of 1949;  organising relevant training and educational courses by the Center for International Humanitarian Law and the ”Carol I” National Defence University: 17  - an annual postgraduate course on international humanitarian law and rules of engagement (a career course for promotion to the rank of colonel), organized by the “Carol I” National Defence University, at the initiative of the Center for International Humanitarian Law, as of 2014; - maintaining the practice of introducing the international humanitarian law as a compulsory or optional discipline in the undergraduate, master’s and postgraduate study programs of the “Carol I” National Defence University; - an annual course for trainers in the field of international humanitarian law (a “train the trainer” course), open to the personnel in the army, public order and national security fields, organized by the Center for International Humanitarian Law; - an online specialization course on the law of armed conflict, organized by the Advanced Distance Learning Department of the “Carol I” National Defence University (this course is held in English and open both to the personnel in the army, public order and national security fields, as well as to interested persons from the civil society).  encouraging the attendance of relevant training courses abroad, especially at the International Institute of Humanitarian Law in Sanremo and the Royal Higher Institute of Defence in Brussels;  introducing a course on international humanitarian law into the military institutions’ curricula, in accordance with Article 83 of the Additional Protocol I to the Geneva Conventions of 1949;  introducing humanitarian law topics into various training programs of military units;  creating scenario-based training sessions that require understanding the norms of humanitarian law;  introducing IHL in the training programmes for the military personnel participating to military operations/missions abroad;  developing and disseminating manuals on international humanitarian law for the training of military personnel, as well as translating and editing specialized works by the ICRC4;  cooperating with governmental institutions and non-governmental organizations in the area of promotion and application of international humanitarian law. 4 The following specific documents have been elaborated under the aegis of the Center for International Humanitarian Law: ***IHL - 1, Manual for the training of the military personnel in international humanitarian law (indivi- dual, group, platoon, company-similar); ***IHL - 2, Romanian Army personnel training manual on the status of captured persons; ***IHL - 3, Manual for the training of the army personnel in international humanitarian law (officers, warrant officers and non-commissioned officers); ***Code of Conduct for Combatants; ***Handbook on the Law of War for the Armed Forces, Frederic de Mulinen; ***Essential Rules of the Law of War - summary for commanders, rules of conduct in combat (for trai- ning programs) - Summary of the Handbook on the Law of War for the Armed Forces, prepared by F. de Mulinen. 18 2. The law enforcement and judicial personnel International Humanitarian Law was included in the curriculum and in the training programmes of the educational institutions belonging to the Ministry of Internal Affairs, such as the ”Alexandru Ioan Cuza” Police Academy in Bucharest, the ”Vasile Lascăr” School for Police Agents in Câmpina and the ”Septimiu Mureșan” School for Police Agents in Cluj-Napoca. At the same time, the personnel of the Ministry of Internal Affairs participating in peacekeeping, military or civilian operations/missions under the umbrella of UN, NATO, EU or OSCE receive specialized training in the field of IHL. Moreover, the training of the personnel of the General Inspectorate for Immigration also includes IHL.. Between 2017 and 2018, the National Institute for Magistracy, in cooperation with the United Nations High Commissioner for Refugees (UNHCR), organised a series of training activities related to migration and asylum, open to the participation of judges assigned to deliberate in migration and asylum related cases. The training curriculum covered useful IHL notions. As part of the activities of training and dissemination of professional experience in the field of IHL, the military prosecutors attended a series of national and international events, addressing IHL-specific topics and presenting aspects of the investigation of atrocities committed by the military during the World War II on the territory of Romania, while analyzing means of preventing these crimes by ensuring compliance with international humanitarian law. 3. Teaching international humanitarian law in schools The Romanian authorities share the view that teaching about IHL as early as possible in the education process has the potential to instill the respect for peace, tolerance, multiculturalism and foster the civic conscience necessary for a healthy society. On 9 December 2010, the Ministry of Education and Research (MER), the National Red Cross Society and the International Committeee of the Red Cross concluded a protocol of cooperation with the goal of rolling out ICRC’s programme “Exploring humanitarian law” in schools. This latter programme is meant to familiarize young people with the basics of IHL and humanitarian issues at the international level, both in peacetime and in times of armed conflict. In this context, the ICRC’s handbook “Exploring humanitarian law” (educational modules for young people) was adapted and used as a teaching support in various educational activities within the Romanian pre-university education system, among students aged 13 to 18 years. As regards the integration of IHL notions in the school curriculum, the following pathways have been pursued: 19  - the inclusion of relevant information in the textbooks of other socio-humanistic disciplines, such as Sociology, Philosophy, Social Studies; - the inclusion of elements from the ICRC’s handbook “Exploring humanitarian law” in the curriculum of the existing optional course “Human Rights”; - the elaboration and approval of the curriculum for the optional course “International Humanitarian Law”, as part of the national offer of optional courses for high school with the duration of one school year (MER recommended the inclusion of this optional course within their educational offer upon the school’s decision, starting with the school year 2011-2012); - the use of information from the ICRC’s handbook “Exploring Humanitarian Law” in extracurricular school activities with a minimum number of 10 hours. Concerning the training of teachers, the following measures have been taken: - the organization of training sessions for teachers who have previously trained other teachers of socio-humanistic sciences and history; this activity was also attended by history teachers interested in addressing issues of international humanitarian law; - the organization of two training sessions for school inspectors for socio-humanistic sciences; - the organization of three training sessions for interested teachers; All training sessions benefited from national and international trainers. On 20 July 2017, the Ministry of Education and Research, the Ministry of Justice, the Prosecutor’s Office attached to the High Court of Cassation and Justice, the Superior Council of Magistracy and the High Court of Cassation and Justice concluded a protocol of cooperation with the objective of promoting legal education in the pre-university educational system. The legal information to be provided to teachers and students covers the Romanian Constitution, fundamental rights, freedoms and duties, as well as general aspects in the area of international relations. This programme is still in the development phase. In 2018, the Commission discussed the situation of the IHL courses in the regular university curricula and recommended, through the Ministry of Education and in full respect of the principle of university autonomy, maintaining and further developing the teaching of IHL in universities, given the continuous relevance of this subject and the need for national specialists in this area. 20 4. Other relevant activities The celebration of the International Humanitarian Law Day in Romania (the 14th of May) is used as an opportunity to further raise awareness about the importance of IHL. In order to mark this anniversary, a series of events are organized annually by the competent authorities and the Romanian Red Cross. One of the above-mentioned events is the traditional Round Table entitled “The Importance of International Humanitarian Law in the Current International Security Environment”, which has been annually organized by the Center for International Humanitarian Law since 2015. This event is held with the support of experts and representatives of the academic world. The “Carol I” National Defence University further took action to include IHL issues on the agenda of scientific events. Thus, during the International Scientific Conference “Strategies for the 21st Century” of 9-10 April 2020, the Security and Defence Faculty in collaboration with the Center for International Humanitarian Law introduced for the first time a section dedicated to international humanitarian law. The purpose of this demarche was to bring current issues in the field of IHL into the spotlight. At the level of the civil society, the dissemination of international humanitarian law is carried out through the inclusion of specific courses within the academic curricula. Moreover, the texts of the Geneva Conventions and of their Additional Protocols have been published both in English and Romanian and widely disseminated in the society. As a means of raising the interest of university students for this subject, the Center for the Study of Humanitarian Law of the “Nicolae Titulescu” University in Bucharest, in partnership with the Center for International Humanitarian Law of the “Carol I” National Defence University, the Country Office of the United Nations High Commissioner for Refugees, the National Red Cross Society, the National Commission on International Humanitarian Law, the “Cunescu, Balaciu & the Associates” Law Firm and the Sima Association are striving to organize annually the “Nicolae Titulescu” International Humanitarian Law and Refugee Law National Academic Competition. This event is open to all interested universities that can designate a participating team of three students and a professor – coordinator to prove their legal knowledge, public speaking and debating skills to a jury of specialists. The competition has an interactive format, based on case studies and simulations, offering an innovative method of training into the two areas of expertise, respectively international humanitarian law and refugee law. At the same time, the three-day competition aims at stimulating cooperation between universities, non-governmental organizations and civil society, as well as to support the formation of future practitioners and specialists in these two fields. 21  As mentioned above, the National Red Cross Society is involved in the activities of dissemination and awareness-raising about IHL norms. It organises regular courses for interested students from the “Carol I” National Defence University and trains its own network of volunteers. In the summer of 2019, the Romanian Red Cross Society organised a training camp on IHL and refugee law for the Red Cross volunteers (capable of acting as future trainers in their own communities), with the support of the ICRC - the Regional Delegation in Belgrade and the Jesuit Refugee Service-Romania. On 17 December 2019, the National Red Cross Society, in partnership with the Embassy of the Swiss Confederation in Bucharest, launched two landmark books of the International Red Cross and Red Crescent Movement translated and published in Romanian, namely: “Memories from Solferino” (an adaptation after Henry Dunant’s book) and “The Story of an Idea” (a cartoons book made by the famous French artist Jean Giraud, known worldwide under the pseudonym Moebius, and inspired by “Memories from Solferino”). These books are meant to help teach the public, especially the young, in a user-friendly manner, about the history and importance of IHL to regulate the conduct of hostilities and limit the effects of armed conflict on the civilian population. 22 IV. Domestic Jurisdiction over Violations of International Humanitarian Law and International Criminal Law 1. Legal basis for the prosecution and punishment of violations of international humanitarian law Under international law, both States and individuals can be held accountable in different ways for violations of IHL. The state responsibility requires inter alia implementation of the obligations to search for and prosecute those who have committed grave breaches of the Geneva Conventions, as well as the perpetrators of all serious violations of IHL. Moreover, all States Parties to the Geneva Conventions must cooperate in the search for and prosecution of those who commit such violations. By Decree no. 183/1954, Romania ratified all four Conventions for the protection of war victims, adopted in Geneva on August 12, 1949. The reservations to the Geneva Conventions introduced in the above-mentioned Decree were withdrawn through the Law no. 277/2002. In addition, through the Decree no. 224/1990, Romania ratified the first and the second Additional Protocols to the Geneva Conventions (1977). Moreover, by Law no. 111/2002, Romania ratified the Statute of the International Criminal Court (ICC), adopted in Rome on July 17, 1998. Under the Statute, serious violations of IHL and grave breaches of the Geneva Conventions are classified as war crimes and their perpetrators must be held individually responsible. For the purposes of Art. 87 par. 1, letter a) of the Statute, the Ministry of Justice was notified as the Romanian central authority designated to receive the requests of the ICC, to send them without delay for resolution to the competent Romanian judicial bodies and to communicate the required documents to the Court. The national criminal law that enables Romania to prosecute serious violations of international humanitarian law is the Criminal Code (Law no. 286/20095, as subsequently amended and supplemented). 5 Published in the Official Journal no. 510 of 24 July 2009, in force since 1 February 2014, according to Art. 246 of Law no. 187/2012 for the application of Law no. 286/2009 on the Criminal code, published in the Official Journal no. 757 of 12 November 2012, with the subsequent amendments and additions. 23  2. Legal basis for the prosecution and punishment of war crimes, crimes against humanity and genocide Title XII (Art. 438-444) of the Criminal Code incriminates the crime of genocide, crimes against humanity and war cri