The Terror and the Justice

Abstract

In 11 of September of 2001, the United States of America had been surprised by most forceful attempted against terrorist at all the times. In reply, the North Americans had mobilized military forces and had initialed powerful attacks to the Afeganistão, imputing the Osama bin Laden and to the organization Al Qaeda the authorship of those attempted. Surpassed the perplexity of the first instant, appears for the jurist the indagations about the juridical tutelage of the mass destruction acts perpetrated in American ground, as also on the legality and the legitimacy of the produced military retaliation. With the intention to contribute for this debate, to the light of the Criminal law and the Criminal International law, the author approaches such events of the sociological and legal point of view, wounding aspects as the nature of the international crimes (crimes against the peace, crimes of war and crimes against the humanity) at the mercy of the Statute of Rome of 1998, the criminal philosophy of self defense and the repressive penalty in the international context, the propaedeutics character of the international criminal norm, the war of aggression and defense in face of the principle of the equality of sovereignty, the criminal responsibility of the States (Ago first draft) and justice as value description of the Right.