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Study On The Criminal Jurisdiction Of State Officials From The Perspective Of International Law

Posted on:2022-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q HuangFull Text:PDF
GTID:2506306485999859Subject:International Law
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The paper discusses the issue of criminal jurisdiction over state officials from the perspective of international law.The main content is divided into three parts:The first chapter introduces the practice of the international criminal judicial organs on the jurisdiction of state officials.In the early stage,it is mainly the practice of the Nuremberg International Military Tribunal and the International Military Tribunal for the Far East.Influenced the Nuremberg trials,some countries established criminal courts at home to try war criminals for serious international crimes after World War II.In the 1990 s,the establishment and judicial practice of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda provided experience for the establishment of the International Criminal Court.The ICC,established in 2002,sets out clear rules on the jurisdiction of state officials.Then it discusses the basis of international law on the jurisdiction of state officials according to the principle of individual criminal responsibility of international treaties,coercive law and international criminal law.The second chapter summarizes the types of criminal jurisdiction over state officials,including the jurisdiction over state officials by AD hoc international criminal courts and the jurisdiction over state officials by permanent international criminal courts.It also discusses the criminal jurisdiction of States over foreign State officials in accordance with the principle of universal jurisdiction and the position of the International Court of Justice on the jurisdiction over foreign State officials through the case of arrest warrant.Chapter Ⅲ discusses some of the problems with criminal jurisdiction over State officials,including the impact on State sovereignty,conflicts with immunity from criminal jurisdiction,and enforcement issues.To solve these problems,the paper put forward the criminal jurisdiction of the country’s officials,insist on respect for state sovereignty,to coordinate the relationship between the jurisdiction of the country’s officials and immunity,or principles of extradition or prosecution is introduced to solve criminal jurisdiction is faced with the problem of the absence of the official to the country,in order to achieve the guilty of crimes under international law of the actual trial of state officials,It also helps to protect their legal rights.
Keywords/Search Tags:International Criminal Jurisdiction, International Criminal Court, Criminal Jurisdiction of Foreign Officials, The principle of Individual Criminal Responsibility
PDF Full Text Request
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