The Research On The Constitutive Elements And Criminal Liability Of War Crimes

War crimes are acts with the war as part of a plan or policy or specific acts consistent with the constitutive elements of war crimes when such crimes are committed on a large scale.Since the 1800 s,the international community has been discussing the rules and practices related to war crimes and has gradually formed the rules on war crimes with a view to forming more standard and effective restrictions on the acts that constitute war crimes.Article 8 of Rome Statute of the International Criminal Court enumerates war crimes in detail,but without strong logical relationship between these various acts,it is difficult to summarize the essential characteristics of war crimes,so it is of great significance to identify the constitutive elements of war crimes.According to the basic elements specified in the crime constitution theories in different legal systems and countries,the constitutive elements of war crimes should include subject elements,material elements and mental elements.Subject elements include natural persons,groups,organizations,and countries.Material elements can be classified into war crimes infringing on personnel,war crimes infringing on property and other rights,war crimes involving the use of prohibited war measures and methods,and war crimes infringing on humanitarian action,and mental elements include intentional and negligent acts.These three types of constitutive elements are the criteria for judging whether a war crime is constituted.Once a war crime is constituted,the subject should assume relevant legal responsibilities in line with the principle of compatibility of crime,responsibility and punishment.It is undoubted that there are still difficulties in identifying war crimes,so different countries should further strengthen their sense of responsibility and international cooperation,promote the reform of inconsistencies between international legal mechanisms and found a special court under the UN framework.Wars and armed conflicts seriously affect the international law,but meanwhile promote the development of international law time and time again.With the unremitting efforts and sincere cooperation of the international community,war crime acts will eventually be punished.