On Means Of Judicial Remedy For The Violation Of International Humanitarian

The International Humanitarian Law (hereinafter IHL) is one branch of theinternational law system. IHL is a kind of international rules, consisting ofinternational treaties and common laws, in order to solve humanity problems directlyresulting from international or non-international armed conflicts, and to restrict themeans and methods of warfare suitable for related conflicting parties aiming to, forhumanitarian reasons, protect persons and property which have been or may beaffected by armed conflicts. IHL began to germinate in the middle of 19th century, and in late 20th century, standards of international law on protecting persons in thewar were developed unprecedentedly and compiled as the law, gradually establishingthe frame system of this law composed of the Geneva system and the Hague system.IHL, although is the new subject, develops fast, which has already stepped into theexecution phase from the legislation, and changed from rules of conduct for armies ofdifferent countries to the provisions of law that apply to international criminal judicialbody. The criminal act defined by IHL has already been considered as the "corecrime" of the international law. The international community has tried differentmethods to punish the crime that seriously violate IHL, such as the International Courtof Justice for special purpose, national jurisdictions, and the international standingcriminal body. In recent years, the practice of criminal jurisdictions in different typeshas enriched and developed IHL, boosted the development of the international criminal law, promoted the international criminal cooperation, and enriched boththeories and the practice of international criminal jurisdictions. However, on the otherhand, there are deficiencies in the substantive jurisdiction of these internationalcriminal bodies, resulting to some conflicts. In order to protect and help those peoplewho are hurt in the war or armed conflicts because of the violation of IHL, theinternational community has established, besides judicial jurisdiction, internationaland regional claims commissions to examine the compensation appeal against theviolation of IHL for victims and make the adjudgement. These assistant means of thejudicial remedy not only help victims to receive material compensation in time, butalso play a constructive role in preventing the future illegal act. Thought the peace andthe development are the prime two themes of the world, the war or the armed conflictsare far from inevitable in the modern international community, therefore IHL whichrestricts and regulates the war and the armed conflicts plays an important part andachieves the operation significance in the international law field.In the thesis, the basic definition, the system structure, and the rules togetherwith the application of IHL were presented, the development and the change of thepresent IHL were synoptically enunciated, moreover, different types of features onand the primary means of judicial remedy and the judicial jurisdiction against theviolation of the existing IHL together with its adjudgement were concluded andcompared, furthermore, deficiencies of these means of judicial remedy were analyzed, and improvement schemes were also put forward.