发布时间：2020-11-06 热度：
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Introduction介绍
刑事责任依法是指法律意义上的自由、财产、生命等权利受到特定的负担，违反刑法义务，实施刑法侵权行为规范后，由犯罪人承担法律制裁的责任。ONS。国际刑事责任是指根据国际刑法和有关国家的国内刑法，对非法国际主体承担的刑事责任。换言之，行为人实施国际犯罪行为，应当接受国际刑法的消极评价和相应的法律后果。
Criminal responsibility according to the law is the law in the sense of a kind of rights such as freedom, property or life by the particular burden, which violates criminal law obligation, implemented after the infringement behavior norms of criminal law, the offender shall bear by the legal sanctions. International criminal responsibility refers to the criminal liability of illegal international subjects according to the international criminal law and the domestic criminal law of relevant countries. In other words, the actor carries out international criminal ACTS and should be subject to the negative evaluation of international criminal law and the corresponding legal consequences.
“战争是一种暴力行为，迫使敌人服从我们的意志。”“战争是一种政治行为。”“战争只是通过另一种方式继续政治。”这是著名军事理论家克劳塞维茨对战争的经典定义。这一定义表明战争是一种暴力行为。战争的最初动机是政治上的，为了国家利益；直接目的是互相残杀，使敌人无力抵抗。”国际法上的战争主要是指两个或两个以上国家使用武力所产生的武装冲突及其法律地位。战争的主题是国家，其目的是利用武力执行国家政策。人类战争除了国家内部的决策机制外，还逐渐了解了这一过程和限制。国际社会也防范暴力和战争限制机制，如在全球政治、外交协调、多边国际会议、防御集团等方面形成集体安全体系；在法律层面上，国际法是一种含义。控制战争的有效方法。国际反战法的规范经历了一个基本否定的过程。第一部国际法对冲突有具体的规则，主要是关于战争和战争实践。中世纪后期，欧洲封建国家逐渐独立行使主权，国际法开始萌芽，出现了一批国际法学者，提出了有关战争的国际法学说。西班牙学者维多利亚继承了阿奎那的思想，提出了“正义战争”的原则。
"War is a violent act that forces the enemy to obey our will." "war is a political act." "war is nothing but the continuation of politics by another means." It is the classic definition of war by the famous military theorist Clausewitz. The definition indicates that war is an act of violence. The initial motive for the war was political, in the pursuit of national interest; the direct aim is to destroy each other and make the enemy powerless to resist. "War in international law mainly refers to the armed conflict and the resulting legal status resulting from the use of force by two or more countries." In international law, war is a fact of armed conflict and a state of law. The subject of war is the state, whose purpose is to carry out national policies using force. Humans' war there was a gradual understanding of the process and restrictions, in addition to the decision-making mechanism within countries. The international community is also guarded against violence and war restriction mechanism, for example, in the global political, diplomatic coordination, multilateral international conference, defense group form a collective security system, etc.; At the legal level, international law is a meaningful way to regulate war. The norms of international law against the war have gone through the process of limiting to fundamental denial. The first international law had specific rules for regulating conflict, mainly about war and the practice of war. In the late middle ages, the feudal states of Europe gradually gained their independence and exercised their sovereignty, and international law began to sprout, and a group of scholars of international law emerged, and they put forward the doctrine of international law concerning the war. The Spanish scholar Victoria inherited the idea of Aquinas and put forward the principle of "just war."
The background of the international criminal law 国际刑法的背景
In modern international law, the recognition of sovereignty also recognizes that national states have the right to wage war according to their national interests, which is to acknowledge that the state has the right to battle. But after the ravages of war, the international community recognized that the war should be limited to international law. The war is still the focus of the scholars of modern international law. They inherit and carry forward the theory of just war and argue that war should be justified. The Dutch scholar Gerhold, who laid the foundation of modern international law with the law of war and peace, is known as the "father of international law." He inherited and played the theory of just war, arguing that the key to the separation of the battle of justice and the unjust war was to conform to natural law and other laws. In August 1864, the 12 countries held an international conference in Geneva to sign the convention on the betterment of the army (Geneva convention) . Since then, the international community has organized numerous international conferences and signed international agreements on the prevention of war and the reduction of war damage . More important were the two Hague peace conferences. For easing international tensions, peaceful settlement of international disputes is to reduce the rules of war damage. From may to July 1899, 26 countries held in the Hague peace conference, discuss the peaceful settlement of international disputes, arms limitation and the problem of martial law, the meeting finally passed the principles of the Geneva convention applicable adaptation to the conference. The agreement on Marine laws and regulations and protocols, the convention on the peaceful settlement of international disputes and three weapons and fighting method declaration. From June to October 1907, 44 countries held in the Hague peace conference for the second time, the meeting adopted the convention on the peaceful settlement of international disputes; the debt limit the use of force for contract convention, and the agreement on about the war began, 13 of the assembly. Over both the peaceful settlement of international disputes convention, states parties should try to use peaceful means to resolve international disputes, in case of severe discussion, before the use of force, should be asked one or more friendly countries to mediate or the mediation. The two conventions, though a provision of the peaceful settlement of international disputes is a mandatory obligation of the parties, more not ban war, but the conference advocates the peaceful settlement of international disputes. Provisions for the use of force should be first to use peaceful solution, is to the right to resort to war a significant limitation.
The state is not the subject of international criminal responsibility
The state cannot constitute an international crime, nor can it become the main body of the international crime, nor can it be held accountable for the global criminal responsibility of the state. Only the individual is the subject of international crime. Some scholars believe that the country is the subject of international law, but not the subject of global corruption . The state is an abstract entity, no consciousness, there is no intent or negligence of the issue, so it does not have international crime constitution important document, so could not become the subject of global crime, countries'. Therefore, the state cannot bear the international criminal responsibility. Some scholars also believe that the state is the main body of international law on, but it is not the main body of the international crime, constitutive crime requirements, the countries don't have and the lack of criminal responsibility, only personal is the main body of the international crime. Other scholars believe that countries as consisting of all its people's society, according to the "social crime" motto, accused of countries, including the overall sense of the people, crime, and criminal responsibility is questionable. Moreover, even if the concept of national crime was established, there was no basic mechanism for the international community to try and punish the criminal state. In such a reality, the international criminal court should not and cannot exercise jurisdiction and adjudication of the state as the subject of criminal responsibility of international crimes. Of early British and international law, in its written by the international law pointed out: "the international illegal ACTS is not a crime, „ international law as between sovereign nations, rather than a country above the laws of nature.Ruled out because of an international illegal ACTS and punished the possibility of a country . At the same time, also ruled out to look at the possibility of this kind of behavior from the Angle of the crime." this theory not only denied the state international criminal responsibility main body qualifications but also deny the state as the main body of the international crime. This argument is based on: because the country does not have the crime constitution important document, so nations cannot serve as the main body of the international crime, and thus concluded that states couldn't afford the global criminal responsibility.
The individual is the subject of international criminal responsibility
The global criminal responsibility of the individual refers to the legal consequences of the perpetrator's international crimes to be carried out and the negative comments made by the international community by international criminal law. Any individuals with criminal responsibility ability must treat their global crime criminal responsibility, this is the international society and in the international norms of unlawful constitution embodies the fundamental principle, fully embodies the rule of law of the spirit of the international criminal law in front everyone is equal . According to international conventions and customs, the international community will pursue global criminal responsibility for individuals who meet the following conditions. First, natural persons over the age of 18; Secondly, in the case of conventional crime, the status and role of the accomplice should be carried out, so long as it is involved in the implementation of international severe crimes, individual criminal responsibility should be assumed as co-perpetrator. Again, the individual to the behavior of all sorts of intentional crime form shall bear criminal responsibility, of joint-crime participation behavior in any type shall take criminal liability, but suspended crime and except effectively prevents the consequences of the sin from occurring. Finally, whether or not the criminal actor belongs to the accomplice, there should be sufficient evidence to prove that the parties are intentional in the process of establishing their international criminal responsibility. Criminal liability, as a result, those who have an ability to a natural person, during the continuation of life, as long as the implementation of the international crime, as long as its actions by relevant international crime constitutive requirements. It will naturally become the main body of the international crime, and it shall bear criminal responsibility by the applicable provisions of the international criminal law .
