The Function And Limit Of Function Of The International Trial Of War Criminal

From the Nuremberg trial to the establishment of the Permanent International Court of Justice, an international trial of war criminal has undergone a process from development to mature. This article discuses the function and limit of function of the international trial of war criminals.A brief description of the causes of international criminal trial and the significance, purpose, research methods of this writing is stated in the introduction of the article. Reflection on the function and limit of function of the international war crimes trial is of great significance for the theory and judicial practice. In this paper, the function and limit of function of the international war crimes trial is discussed under the use of important international war crimes trial to examine the object and the method of historical investigation and logical analysis. The purpose of this writing is the analysis and revelation of the function and limit of function of the international war crimes trial and the author does not attempt to look for recommendation that how to play the role of the international war crimes trial.The first section briefly reviews the origin and development of war criminal trials. International trials of war criminals can be traced back in 1474, trail of Peter Von Hagen Bach. A temporary International Military Tribunal composed of 27 judges from Germany and Switzerland trailed of Peter Von Hagen Bach in bray Each of Germany, which kicked off the trials of war criminals. After World War II, in view of the enormous disaster Germany and Japan brought to people of the world, the Allies unprecedentedly trialed war criminals at Nuremberg and Tokyo war crimes court, promoting the further development of the practice of trails of war criminal. Later, the courts at former Yugoslavia and Rwanda, on non-international armed conflicts, are composed by a neutral third party. The development of war criminal trials and the need of the international community ultimately led to the establishment of Permanent International Criminal Court.The second part discusses the significance of international trial of war criminals. This article will summarize the three aspects for the international war crimes trial. Firstly, The function of the international war crimes trial is to realize the justice of procedures and protect the human rights of the accused. The lyinternational war crimes trial is the progress in international law which is the accountability for behavior of a violation of international law and norms and not the winner of the loser's revenge. As a means of international justice, international trial of war criminals brought to justice in pursuit of a modern legal and procedural rights given to the defendant to protect the human rights of the accused. Secondly, the international war crimes trial pioneered the direct execution mode and promoted the international rule of law. There is a direct and indirect mode for the implementation of international criminal law in the international law.Because of there are shortcomings in the indirect model of international criminal law to try war crimes with national law,It is an ideal choice that directly bring war criminals to trial by an international criminal judicial body. Thirdly, The principle and case formed in the process trialing of war criminals prompted the development of international humanitarian law. It determined the charges of war crimes system and constitute crimes of war crimes. It established personal responsibility principle.Part III analyzes the defects of the international crimes trial in the four aspects under the practice of international crimes trial. This is the core of this article. Firstly, although previous trials of war criminals prevented crime as one of their pursuit of value ,however, the limitation of justice and the war as the social status make the international crimes trial can play the role of crime prevention partly. Secondly, international trial of war criminals as a third party settlement of disputes international mechanism should be independent. However, in such an international society composed by countries equally having sovereign, the court will inevitably constrained by the political realities of countries. Due to the impact of international politics, particularly the impact of great power politics, international trial of war criminals severely restrict the independence and thus affect the fairness of international trial of war criminals.Thirdly, the object in the application of international criminal trials are unfair. International trial of war criminals should be behind the violence agency support agencies in order to have sufficient enforcement power to ensure that all parties of war criminals can be tried. The history of international criminal judicial bodies proved that the power came from the victor. The victor general would try its own war criminals. Therefore, the offenders of the court are often defeated in war and the war criminals of the victor are rarely brought to trial. Finally, the sovereignty constraints the international trial of war criminals.Some countries are possible to take its responsibility in fraud of law and refuse to cooperate with an international jurisdiction by taking the sovereignty as an excuse. So,these will affect the effective functioning of institution of international trial of war criminals.The last part is the conclusion of this article. A brief description of the status of international criminal trials is stated and the author prospects that the international trial of war criminals can play the role in further.The trial and the war are originally irrelevant matters, with the progress of human civilization, people tend to deal with problems originally irrelevant in judiciary ways. The judiciary continues to expand, a lot of social relationship which isn't applied with law gradually incorporated into the vision of justice. The development of legal norms adjusting legal relationship and the emergence of international trials of war criminals is a typical example of such judicial expansion. The trial of war criminals is severely criticized since the day it was born, it developed with a wide range of disputes. Considering the fact that the international community is in a state of anarchy and the countries pursue their own interests over, the international trial of war criminals is affected by many political factors, it is not yet reflected in the independence and impartiality, and it has not fully played its expected function. Although the function of international trial of war criminal is limited, but the international community is still unable to find a mechanism to replace the international trial of war criminal to punish and prevent war crimes. The limitations of international trial of war criminal is can be overcome. Since the Nuremberg trial, the international trial of war criminals, gone through about half a century, is developing step by step. Therefore, the task of international community in the future is to continue to perfect the related systems of international trial of war criminal under the further reinforcement of the entire international community,the culture and values continue to game and integration and the accumulated experience of international justice, to enable it to overcome its limitations and play a greater role.