本文是講重要國際立法,在這方面可以理解的支持普遍原則的一些國際立法(以及其他此類不人道行為)是1915年5月24日制定的《法國、大不列顛和俄羅斯關於危害人類罪的宣言》 。根據這項宣言,任何或任何對危害人類罪行負有責任的人都將對這種行為負個人責任。同樣,考慮1919年的初步和平會議,是舉行的人撰寫戰爭導致屠殺的情況,涉及恐怖主義和大規模平民的折磨他們的國家和其他人或治療不人道條件將在國際法庭負責。本篇論文 代寫 價格文章由美國論文通AssignmentPass輔導網整理,供大家參考閱讀。
Some of the international legislations that can be understood in this context (and other such inhuman acts) which are in support of the Universal principles are that of the Declaration of France, Great Britain and Russia for crimes against humanity, established on the 24th of May 1915. According to this declaration, any person or persons who are responsible for crimes against humanity will be personally held responsible for the act. Similarly, consider the Preliminary Peace Conference of the 1919, it was held that the person who authored the war led to the situation of massacres, and mass terrorism involved the torture of civilians from their country and others or their treatment in inhuman conditions would be held responsible in international courts.
The Nuremburg Charter or the Charter of the International Military Tribunal at Nuremberg (1945) article 6(c) has the rules specified based on which an individual linked with an international crime could be prosecuted or have criminal proceedings initiated. It makes provision for the deportation of the individual. Similar provisions are included in the Allied Control Council Law No. 10 (1946), the Charter of the International Military Tribunal for the Far East (1946) the Article 18 of the UN Draft Code of Crimes against the Peace and Security of Mankind (1996) and also the Statute of the International Criminal Court ICC (1998) which are the main principles to be discussed in this paper.
These laws that have been made in different time frames make provisions for analysis of circumstances in which they are allowed to intervene for criminal proceedings. The right of the state in which such an act has been committed, which contains perpetrator or victim is given the highest importance, and in the case situation where the nation is hindered from carrying out the proper criminal proceedings, international law would intervene.
Jus cogens is represented as the crime against humanity and norms associated with it. For instance, the prohibition of torture will be considered jus cogens. Normal international law will consider it right that there is a prohibition of torture or inhuman acts.
Erga Omnes on the other hand is understood to be the legal implications that arise from the crime characterization. The prohibition in international law against such criminal acts is an obligation considered as the erga omnes. Any state will have the duty to implement universal jurisdiction principles when the need arises. The need arises because of the nature and context of the crime and this is the erga omnes.
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