Abstract
The observance of fundamental rules of public international law could be ensured only by the strengthening of penal law. However, despite several precedents assuring the good foundation of international law development in this respect and of the future endeavours expected to confirm the international society’s adhesion to the penal repression requirements, the low convergence of public international law and criminal law reveals the difficulties that may occur in the way of a doctrine persuaded by the necessity to construct a new legal subject in the domain of peace. The legitimacy of constituting the International Tribunals was proved, but on the other hand they were reproached the very lack of legitimacy, being ad-hoc constituted jurisdictions instituted by the winners, made only by the representatives of the victor powers, which deprived them from a true international character and the fact that their legal foundation as regards the applicable law was shaky.