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远东国际军事法庭与国际刑法

时间:2018-04-25 08:53来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien
The International Military Tribunal for the Far East and international criminal law
 
依法追究刑事责任,是指在特定意义上的自由、财产、生命等权利的法律,违反刑法义务,在刑法的侵权行为规范实施后,由法律制裁承担刑事责任。ONS国际刑事责任是指根据国际刑法和相关国家的国内刑法对非法国际主体的刑事责任。换言之,行为人实施国际犯罪行为,应当受到国际刑法的消极评价和相应的法律后果。
 
Introduction 简介
Criminal responsibility according to the law is the law in the sense of a kind of rights such as freedom, property or life by the particular burden, which violates criminal law obligation, implemented after the infringement behavior norms of criminal law, the offender shall bear by the legal sanctions. International criminal responsibility refers to the criminal liability of illegal international subjects according to the international criminal law and the domestic criminal law of relevant countries. In other words, the actor carries out international criminal ACTS and should be subject to the negative evaluation of international criminal law and the corresponding legal consequences.
 
"War is a violent act that forces the enemy to obey our will." "war is a political act." "war is nothing but the continuation of politics by another means." It is the classic definition of war by the famous military theorist Clausewitz. The definition indicates that war is an act of violence. The initial motive for the war was political, in the pursuit of national interest; the direct aim is to destroy each other and make the enemy powerless to resist. "War in international law mainly refers to the armed conflict and the resulting legal status resulting from the use of force by two or more countries." In international law, war is a fact of armed conflict and a state of law. The subject of war is the state, whose purpose is to carry out national policies using force. Humans' war there was a gradual understanding of the process and restrictions, in addition to the decision-making mechanism within countries.  The international community is also guarded against violence and war restriction mechanism, for example, in the global political, diplomatic coordination, multilateral international conference, defense group form a collective security system, etc.; At the legal level, international law is a meaningful way to regulate war. The norms of international law against the war have gone through the process of limiting to fundamental denial. The first international law had specific rules for regulating conflict, mainly about war and the practice of war. In the late middle ages, the feudal states of Europe gradually gained their independence and exercised their sovereignty, and international law began to sprout, and a group of scholars of international law emerged, and they put forward the doctrine of international law concerning the war. The Spanish scholar Victoria inherited the idea of Aquinas and put forward the principle of "just war." (责任编辑:cinq)


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