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Research On International Criminal Laws And Regulations For Crimes Against Humanity

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y R HuiFull Text:PDF
GTID:2436330602998557Subject:International Law
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The Crimes Against Humanity first formally appeared in the 1945 Charter of the International Military Tribunal in Nuremberg after World War ?.The Statute of the International Criminal Court in 1998 stipulated that the International Criminal Court has the power to directly judge Crimes Against Humanity.The International Convention on The Prevention and Punishment of Crimes against Humanity(Draft)requires states parties to undertake international law obligations to punish Crimes Against Humanity in accordance with their domestic laws through their domestic judicial institutions...From that,we can see the international community is striving for peace and security.The Statute of the International Criminal Court and The International Convention on Prevention and Punishment of Crimes against Humanity(Draft)each have different content,and as samples,they can better show the development trend of international law.In relatively peaceful times,it is necessary to re-examine its constituent elements and the principle of conviction and sentencing when the charges originated in the international war.This article focuses on the development of Crimes Against Humanity,the problems encountered by the International Criminal Court in the trial of crimes against humanity,and the International Convention on the Prevention and Punishment of Crimes Against Humanity(Draft),which attempts to solve the existing problems.In order to better summarize the existing research results and put forward innovative ideas,this article mainly arranges the following four chapters:The first chapter summarizes the origin and evolution of the legislation against crimes against humanity:the Nuremberg trial and the Tokyo trial were the first to trial Crimes Against Humanity after World War ?;the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda inherited and developed crimes against humanity.The connotation of the crime;the 1998 Statute of the International Criminal Court continued to expand the charge in the dispute.The second chapter analyzes the four major elements of crimes against humanity that are currently highly recognized in the international criminal law community,namely,the implementation against the civilian population;the relationship with policies;the widespread or systematic implementation;the perpetrators knowingly attack the civilians population.The second part of this chapter discusses eleven common Crimes Against Humanity,such as murder,extermination,slavery,persecution.Chapter ? discusses many existing difficulties in the direct regulation of Crimes Against Humanity by the International Criminal Court,such as inconsistent sentencing standards,selective justice,low judicial efficiency,difficulty in determining standards for crimes against humanity in ordinary times,and UN investigations.There are issues such as differences in the positions of the Commission and the International Criminal Court,and this chapter will explain the reasons for these problems and their adverse effects on the regulation of crimes against humanity.Chapter Four studies the Special Convention on the Prevention and Punishment of Crimes against Humanity(Draft),which is formulated by the international community to effectively regulate crimes against humanity.The content is compared with the International Criminal Court Convention.The effective solutions and inadequacies of the problems mentioned in Chapter III introduce the attitudes of countries around the world to the formulation of this special convention and China's position,and look forward to the development trend of international criminal regulations for crimes against humanity.
Keywords/Search Tags:Crimes against humanity, Statute of the International Criminal Court, Special Convention on the Prevention and Punishment of Crimes against Humanity(Draft), International Criminal Court
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