A Study On Individual Criminal Liability In International Criminal Law

The purpose of this study is to demonstrate a personal commitment to the subject of international criminal responsibility is personal commitment and concrete practical application of international criminal responsibility should be faced. the process of establishing individual criminal responsibility theory of international conduct a more detailed description of the development of international criminal responsibility of individuals through a long evolutionary process.The specific application of the principle of individual criminal trial began with the Nuremberg and Tokyo trials. Court international criminal responsibility of individuals and the country can not bear the grounds of international criminal responsibility to refute, and the application of the principles of international criminal responsibility of individuals.Due to the impact of the US-Soviet Cold War, international criminal law has not been developed during this period, after the end of the Cold War, in the United Nations effort to try, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda have been established as the International Criminal Tribunal for the initial attempt, the two a focus on the court’s acceptance of international heads of state, heads of government and other executives.Again, individual criminal responsibility is reviewed. Natural body as a commitment to international criminal facts are undisputed. International criminal responsibility of the theory of natural origin from the provisions of domestic law, the domestic law of natural comprehensive and systematic theoretical system for the natural areas of responsibility under international law to lay a solid foundation.As for the status of a legal person, the national law has specific and clear system elaboration. In the field of international law, the legal ability to become as natural as the subject of international criminal law is still a controversial issue. Nuremberg trials in practice has admitted organization or group of dominant position, then there have been a number of international treaties on international criminal legal provisions made. But the current situation is that international criminal law is uncertain legal status, legal how international criminal responsibility still have to rely on the provisions of domestic law, there is no international treaty to make specific provision to this question can only rely on domestic law.Then, the paper several specific principles of international criminal conduct statements. Superior orders are not exempt from liability principle embodied in various international statute, is universally recognized fundamental principles. Superior orders can not be used as excuses, this principle originated in the field of military law, the traditional international law considered superior orders is legal disclaimer is made.Superior orders can not be used as excuses, this principle originated in the field of military law, the traditional international law considered superior orders is legal disclaimer is made. Official capacity unrelated to emphasize that the principle of equality of philosophy, and have to give up the identity of immunity in constant contact.The jurisdiction of the special status of the exemption in national law in both provisions, but a complete denial of international criminal jurisdiction of this exemption. Official capacity unrelated to strive to implement the principle of equality before the law, the concept of fair justice. More importantly, the high position of the people as a result of having the supreme power, once they violate international criminal law, then the severity of the consequences is that ordinary people can not match. Therefore, these people criminally prosecuted is imperative. The principle of legality is the criminal law and international criminal law common basic principles.A problem faced by the principle of legality is between formal justice and substantive justice to strike a balance.A problem faced by the principle of legality is between formal justice and substantive justice to strike a balance. Superior responsibility principle, and the principle of superior orders does not absolve the responsibility is mutual correspondence, complementary basic principles of international criminal law. This principle also be originated in military law.Aging system is a matter of domestic law and international law, countries are bound to face. Aging system for domestic law provisions are generally complete. In the field of international law, because the law on prescription system theoretical developments related to the relatively short time, thus not perfect, and the provisions of international treaties are not many prescription system.Finally, on a personal commitment to elaborate international criminal ways. Most of the provisions of the International Convention does not directly personally how international criminal responsibility, but the provisions of the Statute of what behavior is prohibited, will eventually be attributed to the behavior of people under the domestic law of States parties to the trial, and punishment measures and then applies a party, the Convention does not punitive measures our selves. Although international criminal responsibility of individuals in a way not yet complete international statute provisions, but as individuals become the subject of international crime through a long process of historical development was finally established as a personal way of international criminal responsibility ultimately system will form a complete system.