Research On The Individual Criminal Responsibility Problems In International Criminal Law

In recent years, the international criminal happened in common with thedevelopment of various countries and the regions of the world. It is not only affectsthe harmonious and stable of the international environment, but also destroyed thenormal order of the law in international society. At the same time, because the formerinternational criminal law tends to criminal liability subject due to the country, andrarely involve investigate the individual criminal responsibility, to some extent, it ishindered the criminal legislation to give full play to the role of the world.In view of the above reasons, for the individual should assume the maininternational criminal responsibility, the international judicial practice conducted aseries of exploration on it, such as the international criminal judicial practice andinvestigate the individual criminal responsibility in the mixed court criminal trialpractice. The practice of international criminal justice mainly involves the Nurembergtrial, the Tokyo trial, former Yugoslavia and Rwanda trial, etc, and relates to themixed court criminal trial practice is the Special Court for Sierra Leone, Special Courtfor East Timor, Special Court for Kampuchea. The international judicial practice hasgreat influence on the development of the principle of individual criminalresponsibility among the judgments of the cases, but also it plays an importantreference value to the development of the theories of international criminal law.In addition, according to the related matters of the principle of individualcriminal responsibility, the “Rome statute of the International Criminal Court” werealso greatly promote act on the individual criminal responsibility, it is not onlyclearly relevant conditions of the individual criminal responsibility in the “Romestatute”, and further stipulates for the matters related to individual criminalresponsibility. At the same time, the practice of international criminal justice alsoappeared some applicable “Rome statute” cases, such as the case of the ThomasLubanga Dyilo, Democratic Republic of the Congo v. Belgium, etc, these cases were not only indicate the international society for international crimes shall beinvestigated for criminal responsibility person, and from one aspect of that, it also hasan important reference significance to perfect the related issues on the individualcriminal responsibility.Through the article carries on the elaboration to the related provisions ofindividual criminal responsibility among the practice of international criminal justiceand the “Rome statute of the International Criminal Court”, and analysis the cases ofunder the jurisdiction to the International Criminal Court and the Mixed Court, it isdefinitely based on the application of judging by the law, put forward about theperfect proposal on individual criminal responsibility. The paper is divided into threeparts:Chapter I, it expound the theory of the international criminal responsibility andthe individual international criminal responsibility, the content is mainly related to theconcept and the constitute elements of the international criminal responsibility, on thebasis of the theory and the origin of the international criminal responsibility, eliminateand immunity of the individual international criminal responsibility.Chapter II, by means of the famous typical events happened in the internationalsociety and analysis the cases in the international criminal law field as thebreakthrough point, analysis the relevant provisions of the principle of individualcriminal responsibility, and combined with the “Rome statute of the InternationalCriminal Court” to be analyzed. The main content involves the individual criminalresponsibility among the international criminal judicial practice and mixed criminalcourt, and analysis bear the individual criminal responsibility in the criminal justicemode.Chapter III, it based on the “Rome statute of the International Criminal Court”and combined with the cases of application the “Rome statute”, analysis the relevantprovisions of bear individual international criminal responsibility, and further improve the related matters to the proposal of the individual criminal responsibility. Thecontent mainly includes the relevant provisions of the individual criminalresponsibility among the “Rome statute of the International Criminal Court”,investigate the switch on mode of the individual criminal responsibility, analysis thecases of the application of the “Rome statute” among the international criminal justicepractice, and put forward some suggestions about the relevant provisions of theindividual criminal responsibility among the “Rome statute”.