Human Rights Protection In International Criminal Law

The beginning of the human rights proposed, bourgeoisie, only the purpose of the emerging bourgeoisie in order to achieve against the medieval theocracy and feudal aristocratic privilege. Before the first World War, the international law relating to human rights issues are not many, so that human rights documents of international law is less and less, the issue of human rights is essentially a matter of domestic law. Because of the fascist state in World War II the ruthless trample him country basic human rights, brutal massacre of innocent civilians, the issue of human rights in after World War II was further put on the international agenda, which released to international human rights law documents continuously released, in which the United Nations General Assembly in1948by the "Universal Declaration of human rights" the most influential. Human rights documents and conventions emerging, which in1948the United Nations General Assembly through the" Universal Declaration of human rights" the most influential. It detailed provisions of the human rights, and the protection of human rights and the implementation of specific measures to do preliminary provisions. International criminal law to punish the crime of the function, as a punitive norm, well adapted to the international protection of human rights. Departure from the modern legal system, two aspects of domestic protection and international protection of human rights protection. International criminal law on the protection of human rights is a method of international human rights protection, be punished by serious violations of human rights in the international community to achieve the purpose of protection of human rights. It should be noted that the development of international criminal law on the protection of human rights and human rights is the unity of opposites, and sometimes they will show a positive interaction, sometimes they will discordant situation. The international community should actively develop international criminal law norms, in order to prevent large-scale human rights violations occurred in the international community, thereby protecting the basic human rights of mankind.Human rights and international criminal law though the human civilization’s development has an important positive role, but as a new branch of international law, the both international study is not mature, domestic related research also has started late and relatively shallow defects, the protection of human rights and the international law association studies, it is from last centuries eighty time begin to localization exploration, and many of them choose to international human rights law in historical development as the research start. In the study of the history of international law of human rights protection explore the security role, further with international practice of judicial assistance, extradition and the establishment of assistance treaties method is of great significance, but also very obvious limitations.In this paper, the analysis of the protection of human rights in international criminal law, comparative interpretation of the international statute and national domestic law, the objective that China’s current criminal system deficiencies in the protection and the protection of fundamental human rights, and strive for international criminal law and China’s human rights the cause of the improvement to contribute. The paper mainly includes three parts, the first is the international criminal law and human rights protection issues are outlined, based on the concept and characteristics of international criminal law, international criminal law aim and purpose and the concept of human rights protection renovation and development of criminal law and international human rights protection in the overall elaborate, pointed out that international criminal law is the premise to national sovereignty, international cooperation based on the norms of criminal law, not criminal law applicable part of foreign, nor narrow space effectiveness of extraterritorial application, more is not just between the two criminal treaties, but by the international community to develop norms of criminal law. The second part is the international protection of human rights in the criminal law practice analysis, mainly from the international criminal law and human rights protection of victims and the accused the two aspects are discussed, and the current international society for victims of human rights violations of international criminal law, and then leads to the protection of victims and put forward legal measures. This article with the aid of international criminal law in the human rights problem, further analysis of the reasons of the problem of human rights. At the end of the human rights protection in international criminal law perfect undertook treatise, pointed out that the international criminal law of human rights protection measures in the human rights protection, the right to a fair trial, to protect the interests of minors and humanitarian treatment of the defects in our criminal law, human rights protection present situation was analyzed and pointed out the existing in judicial practice of our country malpractice, and aimed at these questions to propose consummates our country criminal law of human rights protection suggestion.