个人刑事责任原则在国际法上的演变

Abdul Ghani, A. Khan, Hammad Husnain
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引用次数: 0

摘要

设立特别法庭,有权起诉那些被控对人类犯下“严重违反”和违反法律的人,是国际法方面最重大的突破之一。毫无疑问,这是最近世界范围内的一个事态发展,引起了有关主权和有罪不罚的问题。自从纳粹犯下的恐怖罪行和纽伦堡审判以来,战争罪立法扩大了其定义,包括了几种现在被称为“国际罪行”和“种族灭绝罪”的罪行。虽然国际刑事法院的设立是为了打击对犯下这些罪行的人进行惩罚的政治,但一些成员国不愿起诉犯下这些公认的国际罪行的人。事实上,《国际刑事法院罗马规约》是根据这些特别法庭建立的判例起草的。更确切地说,有人认为,战争罪行和危害人类罪行是由个人而不是非个人的力量犯下的,只有通过惩罚对这些可怕罪行负有责任的人,才能维护和执行国际法。然而,可以提出一个令人信服的论点,即设立这些法庭预示着国际法的革命性变化。定性研究方法已应用于以下文章。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Evolution of the Individual Criminal Accountability Principle in International Law
The creation of Special Tribunals with authority to prosecute those accused of "grave breaches" and infringements of the law towards humanity was among the most significant breakthroughs in international law. Unquestionably, this is a recent worldwide development that has raised questions about sovereignty and impunity. Since the horrors committed by the Nazis and the Nuremberg trials, war crimes legislation has expanded its definition to include several offenses that are now referred to as "international crimes" and "crimes of genocide." Although it was created to combat the politics of punishment for those who commit these crimes, some member states are unwilling to prosecute people who commit these recognized international crimes. In fact, the Rome Statute for the International Criminal Court (ICC) was drafted due to the jurisprudence established by these Special Tribunals. More precisely, it has been maintained that Act of war crimes and Act of crimes against humanity are perpetrated by individuals and not by impersonal forces, and that international law can only be upheld and implemented by punishing those responsible for such horrible crimes. Nevertheless, a convincing argument could be made that the establishment of these tribunals heralds a revolutionary change in international law. The qualitative research methodology has been applied to the following article.
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