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1、Crimes against humanity from watching the latest developments in international criminal law principle of legality - On the Inspiration of the Chinese Criminal Law Keywords: the latest crimes against humanity, principle of legality, international Criminal Law and domestic Criminal Law, Implications f
2、or China Summary: The latest crimes against humanity trial practice, given the principle of legality new era of content. Galic case and the recent decision of the case Gacumbit-si, explain the crime in this new concept for certain crimes, more specifically a number of statutory Elements . This not o
3、nly conforms to the Development of opportunities for international Criminal Law and of the times, and the domestication of international crime and effective sanctions, laid more heArt and soul of this position of principle. in order to ease international Criminal Law and domestic Criminal Law the pr
4、inciple of contradiction on this, China should coordinate the relationship between the two, modify the relevant provisions of the Penal Code, to improve the domestic legal system, international crime, and effectively implement this principle. I. Introduction In recent years, the rapid Development of
5、 international criminal law, the basic principles of direct promotion and deepening of increasingly rich. In the international trial practice, identified a series of new concepts and gradually accepted by the international community, such as crimes against humanity some of the new content and statut
6、ory Elements such as, given the principle of legality new era of content. as the core of Justice, the principle of legality is not only the world the most basic principles of criminal law, but also the importance of the United Nations criminal Justice standards. the principle of legality in internat
7、ional criminal law, requiring legal norms of international crime must be clearly defined and the corresponding penalties to prevent abuse of judicial power and to avoid any applicable laws. It mainly contains no explicit law is not a crime, not law expressly not be punished, the legal principle of n
8、on-retroactivity and the presumption of innocence, etc. international standards of Justice, but also fully embodies the spirit of respect and protection of human rights. adhere to the people-oriented, according to both the fight against crime and protecting human rights, international criminal law h
9、as become the direction and trend. Recent decisions of international criminal Justice institutions in the Galic case and the Gacumbitsi case, based on the theme of this era, defined the statutory crime against humanity recognized Elements. This is not only an opportunity to comply with the Developme
10、nt of international criminal law and the trend of the times, and to meet international and criminal law Punishment of the objective needs of international crime, the basic principle laid more heArt and soul of position. to crimes against humanity as the stArting point of the principle of legality in
11、 international criminal law, the Development trend of the theoretical system for improving the construction of international criminal law, strict punishment French international crime, and domestic Chinese practice of international crime, has important theoretical and practical significance. Second,
12、 crimes against humanity in international criminal law the latest (A) Legislative profile. Clear that crimes against humanity on the international legal documents, the earliest dating back to 1945 , (hereinafter referred to as ). Prohibit and punish international criminal law This crime legislation,
13、 mainly in the Article 6, Article 5, Article 2, Article 5 and Article 3 into. On the definition of crimes against humanity, the composition of elements of the offense and the offenses listed are differences, and strive for focus crime of armed conflict or in peacetime. Article 5, the armed conflict
14、as an essential element of crimes against humanity, which is and the International Criminal Court different. Article 3, constitute a special emphasis on the subjective and objective elements of this crime, that the breadth of knowledge and planned attacks, and for national, Political, ethnical, racial or religious reasons implementation of a widespread or systematic crimes against Civilians. 1 defined in Article 7 of this sin, is related to the content of customary
