International Criminal Responsibility

The system of international crime and responsibility is one of the major contents of international criminal law which is a new branch of international law. Its establishment and development shows the progress made in modem international law from one aspect. This system is now still on the stage of continuous development and improvement with somes issues, especially the issue of international crime of state and its responsibility, greatly disputed practically and theoretically. This author studies the concept of international crime, the theoretical basis of the system of international crime and responsibility, the international crime and responsibility of individuals and international crime and responsibility of state in five chapters in this thesis. Traditionally, the system of crime and criminal responsibility was not one of the contents of international law. But with the increasingly rampant development of international crimes, the international community has gradually come to see the importance of effective co-operation in suppression of these cntnes, and the problem of international crime and responsibility has been put tinder the regulation of international law. However, though international crime has become an objective phenomenon in contemporary international community, scholars from various countries can not come to an agreement on the definition of international crime. Neither is there such a definition in international conventions in force, except a clear definition on international crime of state in the Draft Art ides on State Responsibility adopted by the International Law Commission of the United Nations on the first reading. In international Law, international crimes are the acts prohibited by law, which are so hannful to the interest of international community that the actors deserve legal responsibility. Any international crimes, no matter committed by individuals or states, must have subjective and objective elements. In addition, international crimes and transnational crimes are different substantially and they can not be confused. Any legal systems must be established on certain theoretical basis, and there is no exception for the system of international crime and responsibility. The protection of the common interest of international community and international human rights, the Charter of the United Nations, jus cogens and obligation erga omnes have formed the theoretical basis of die system of international crime and respoiisibilitv. This system has greatly developed on such a basis. In the development of international law, it is the international crimes and responsibility of individuals that was established first, During the traditional international law period, piracy and slave trade were already seen as crimes under jurisdiction of every state. After the two World Wars, individuals acting on behalf of states, including heads of states and governments have become subjects of international crimes and international criminal responsibility. The cnmes they committed, such as crime of aggression, war crimes, crime against humanity, genocide, etc. have been recognized universally as crimes in international law At the same time, some international criminal law principles, .3. such as the principle of legality, the principle of non-relief of responsibility br tile excuse of superior ordi:r. 11w principle of superior responsibility and the principle of non-politicalization of international crime have been fully established. llie international crimes commitled by the individua...