Crimes Against Humanity Elements Evolution

Crimes against humanity are called "the morst evil of the crime".It is one of the most serious international crimes that the international community pays close attention to.After the Second World War the International Military Tribunal established its basic concept and elements in contemporary sense in the form of cases.After that,with the development of theoretical study on international criminal law and international trial practices,its elements and legal sources have beening evoluting.From the viewpoint of background,at first it requires that the crimes should occur "before the war or during the war ",but the Criminal Tribunal For Formor Nan Sila and the Criminal Tribunal For Rwanda changed the pre-conditions to "armed conflict" and "based on national or quasi-state policies".The revelant provisions in "Rome Statute"made the crimes completely arrested the caught of factors of war.From the viewpoint of legal sources,at the very beginning it was the customary law that established the crimes in fact,then the cases in military trial.After that it was the "statutes"of international criminal tribunal.So far the most detailed provisions is "Rome Statute"and it takes the form of prior legislation.In addition,it clearly shows the rule of evolution on specific elements.In this paper I take the evolution of its elements as a line and combine the lastest international criminal law theory and international criminal trial practices systematicly analysed the evolution of its elements,against the principle of legality,special prosecution aging,implementation modalities,natural generalization and control and prevention.I hope in this way I can enhance our understanding of the nature and content of the crimes and meet the shorfall of criminal factors.Chapter 1 concers the concept,legal sources and the evolution of elements,it provides a clearly clue for the following parts.Chapter 2 focus on the legal analysis of against the principle of legality.Chapter 3 concentrates on the practice obstacles of universal jurisdiction and the direct execution mode.Chapter 4 talks about the criminal responsbility in the terms of defining the scope of the subject,the applicable principles of criminal responsbility and prosecution aging.Based on the above parts chapter 5 concerns the trend of natural generalization and the defects of simple criminal trial practices.In this chapter I take comprehensive and marginal means thoroughly analysed the international political reasons,international relations and national interests,and make some strategic suggestions on the control and prevention of thecrimes.