个人刑事责任在国际法上形成和发展的主要阶段

O. T. Voloshchuk, V. Yurchyshyn
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摘要

本文研究了国际法中个人刑事责任制度形成和发展的主要阶段,阐明了每个研究阶段的特点和特征,以及承认或不承认个人的各种理论方法,分析了国际法的主体,从而在国际刑法的框架内分析了国际犯罪的主体。事实证明,迫害个人的主要责任在于国家。但是,个人是根据国际刑法受到起诉的。这种做法的扩大是惩罚犯有国际社会承认为国际罪行的个人的原则的进一步形成和实施的表现。对犯下国际罪行的个人的国际刑事责任制度是对现代国际法防止违反其最重要准则的重大威慑。法庭的规约责成各国提供协助,包括搜查和鉴定、获取证据和寻找证据、逮捕和拘留以及将被告移交法庭。所有这些都需要在各国刑法和刑事诉讼法中引入适当的规定。结论是,国际法中个人刑事责任制度的形成和发展经历了漫长的过程,从完全不承认和否认到出现一个常设司法机构,国际罪行归其管辖,个人被承认为犯罪者。一个人成为国际法的主体,如果他或她犯下国际罪行,将被追究责任。论证了刑罚必然性原则在任何情况下都具有实施的能力。这是现代现实的进步现象。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE MAIN STAGES OF FORMATION AND DEVELOPMENT OF INDIVIDUAL CRIMINAL RESPONSIBILITY IN INTERNATIONAL LAW
The main stages of the formation and development of the institution of criminal liability of the individual in international law are studied in the article, features and characteristic features of each of the studied stages are clarified, as well as various doctrinal approaches to the recognition or non-recognition of the individual, the subject of international law analyzed, and consequently, the subject of international crime within the framework of the International criminal law. It has been shown that the primary responsibility for persecuting individuals lies with the state. However, individuals are prosecuted in accordance with international criminal law. The expansion of this practice is a manifestation of the further formation and implementation of the principle of punishing individuals for committing international crimes recognized by the world community as international crimes. The institute of international criminal responsibility of individuals for committing international crimes is a significant deterrent to modern international law to prevent violations of its most important norms. The statutes of the tribunals oblige states to provide assistance, including search and identification, obtaining evidence and finding evidence, arresting and detaining, and transferring the accused to the tribunal. All this requires the introduction of appropriate provisions in the criminal and criminal procedural law of states. It is concluded that the formation and development of the institution of individual criminal responsibility in international law has come a long way from complete non-recognition and denial to the emergence of a permanent judicial institution to which international crimes fall and individuals are recognized as perpetrators. An individual becomes a subject of international law and will be held accountable if he or she commits international crimes. It is confirmed that the principle of inevitability of criminal punishment has the ability to be implemented in any case. which is a progressive phenomenon of modern reality.
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