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Crimes Against Humanity Constitute The Elements Of The Evolution Of Historical Reasons

Posted on:2011-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:W G WuFull Text:PDF
GTID:2206330335997888Subject:Law
Abstract/Summary:PDF Full Text Request
Known as "the most evil crimes", international community has paid close attention to crimes against humanity, which is regarded as one of the most serious international crimes. International criminal law has given full attention to the subject of prevention and punishment to the crimes against humanity in recent years. War and slaughter made the development of international humanitarian law in history. Nuremberg trials and Tokyo trials initially establish the basic concepts and elements of the crimes against humanity in the form of case after W.W.Ⅱ. After armed conflict in the former Yugoslavia,1993 and genocide in Rwanda,1994, UN Security Council successively set up International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda to make a trial of the crimes against humanity and expand the elements of the crimes against humanity according to the actual situation with the statute in the trial. Because of the inherent defect in ad hoc international tribunal, the international community established the permanent international judicial organs, International Criminal Court, with more jurisdictions and authority. Statute of the International Criminal Court offers supplements and amendments to the elements of the crimes against humanity to make it better, more reasonable, more acceptable.It's a pity that international community's hard work and practice of prevention of crimes against humanity did not achieve the desired result. Kinds of serious cruel offence against humanism keep recurring nowadays, which impact s modern civilization and justice. Therefore, it has an important theoretical and realistic significance in the research to the subject of prevention and punishment to the crimes against humanity. Remaining on the level of analysis of legislation, limited to the history of concepts and elements of the crimes against humanity, domestic research neglect the restriction of Political factors, such as invasive war, armed conflicts, ethnic enmity, terrorism and social and history circumstances. In fact, phenomenon of crime, the purpose of legislation and practice of punishment to the Crime, these have never been isolated. And it's more obvious of the national interest, power games and other political tendencies especially to the punishment of crimes against humanity.The paper takes the history of elements of the crimes against humanity as the clue. Analyze and comprehend the background of contemporary international political situation, the international environment, national interests from the perspective of international relationship in every historical period of significant change. The purpose of the paper is studying the evolution of elements of the crime against humanity and the practice of the punishment of the crimes against humanity impacted and restricted by complex international relations and sharp opposition to the international interests. And then make a consideration of control and prevention of crimes against humanity more effectively to obtain a new and more valuable acquaintance.
Keywords/Search Tags:the crimes against humanity, international relationship, national interest, International Criminal Court
PDF Full Text Request
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