On The Crime Of Genocide

As an international crime, the crime of genocide disserved the peace and security of international community and humanity badly. Since the origin of human society to the Second World War, the acts of genocide had never been stopped. After the Second World War, the General Assembly passed the 96(â… ) resolution which relates to punish the crime of genocide and The Genocide Convention, announce the acts of genocide as an international crime. In the decades after the Second World War, race destruction which the same as the extermination of Jew in the Second World War is still on and on. In 1990s, U.N. sets up International Criminal Tribunal for former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) to inquisite the case of genocide which happened in former Yugoslavia and Rwanda in 1993 and 1994.In 1998, United nations diplomacy delegate conference passed the International Criminal Court (ICC) Statute. On July 1, 2002,the ICC had been established, specially tries to inquisite four kind of international crimes cases which include the crime of genocide.The 1948 Genocide Convention is the source of the conception of the crime of genocide. The convention has became the only referential criterion by which the international society judge to punish the act of genocide since it has been formulated, and it offered a typical basic mode to define the crime of genocide.All of the Genocide Convention and the ICTY Statute and the ICTR Statute have provide that individual is the subject of the crime of genocide, and said nothing about whether country can become the subject of the crime of genocide and if so, how does a country bear responsibility. Then can country become the subject of the crime of genocide? In the aspect of the criminal capacity and the way to bear the criminal responsibility in the theory of corporate crime at present ,this article analyze the issue that whether country can become the subject of the crime of genocide, and combine the perspectives of international society, scholars and certain judges in related international court, to discuss the issue that whether country can become the subject of the crime of genocide and the way to country to bear the criminal responsibility .In regard to the injured group, on the basis of analyzing common standpoint of the definition of group, point that the scope of protective group in the Genocide Convention is not enough. In discussing the jurisdiction of the crime of genocide, on the basis of the situation of jurisdiction at present , This article analyzes the jurisdiction of the crime of genocide by combining the case of Belgium universal jurisdiction practice and the influence to the international law ,and compulsory universal jurisdiction which established by Germany.At last, this article discusses the domestic legislation of the crime of genocide ,according to the criminal legislation's situation and trend, points the juncture of the Genocide Convention and the domestic criminal legislation --the principle of universal jurisdiction. Considering China's regulations in the principle of universal jurisdiction ,believes that in the domestic legislation of international crime, we should orientate the relations between international and national law correctly and analyzes the principle which should be followed in the domestic legislation , finally discusses the exact measure of the crime of genocide in domestic criminal legislation.