A Study On International Criminal Pardon In Transitional Countries

In the past two decades, there are a lot of international crimes pardonphenomenon in a specific period in some specific countries, which cause widespreadconcern in the international community. Many heinous human rights saboteursescaped sanctions of national laws, and many practice of pardon had a positive impactin transional countries at the same time, some even got the exception and support ofcivilian. But because of the difficulty in justifying pardon, continuous dispute and theresponsibility to prosecute the individual responsibility of international crimes thatInternational Criminal Court burdened with, it is inevitable to appear the phenomenonthat the international criminal prosecution is not coordinated even conflict with thenational pardon mechanism.This paper focus on analyzing the status of pardon in international law. For practicalcontradictors, this paper propose that pardon should be regulated by international lawand clarify the limit between lawful pardon and unlawful pardon at first, then on thisbasis,let International Criminal Court cooperate with domestic transional judicialorgan. After conditions are ripe, the recognition standard for pardon can beestablished in the form of guidance document for Rome Statute. Thus pardon canhave law to follow and standard to refer, thereby the phenomenon of dispute on thelegality can be avoided.