The Affirmation Of State International Criminal Responsibility

With the improvement of science and technology, international crime tends to be more so hesitated under the globalization background. In order to effectively Prevent and Punish international crime, it is necessary to define the subjects of it and their relative Penalties in the international conventions so as to Perfect the liability system of international law. The issue about subjects of international criminal responsibility is a basic Proposition in international criminal law, and the Primary elements to Prevent and Punish international crimes as well. Because of the specific environment where the international law exists, there are always questions about the definition. Nowadays individual Play more important role in the international society. In addition, in the Practice of international law, individual can enjoy the right from international law directly:individual can bear legal liability from international law directly: individual can make an action in the international courts. So I think the view Point about individual is not the subject of international law can not suit for the new aspects of international law. Abstract: Individual international criminal responsibility has been established in international law; however, state international criminal responsibility has not. For some natural persons'conducts under certain circumstances could be attributed to their states, the latter shall assume corresponding state responsibility. War crimes are viewed as international crimes, and international crimes could be attributed to the executive states in accordance with the theory of the law of state responsibility, therefore, states could be the subjects of international crimes. Different with the traditional international law, the affirmation of state international criminal responsibility is a controversial issue in the law of state responsibility, but there is a reason that the situation that the crimes go unpunished in lax lat could not deny the requisition of all crimes must be punished and the suiting punishment to crime in lax fend, so the state international criminal responsibility exists logically, breaking through the traditional international law's frame.