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Study on the History of International Punishment against the Crimes of Wars From the Geneva Law to the International Criminal Court Statute and Its Developing Trend

XU An jun ( Military Court of Air Force,Beijing 100843,China.)  
In the history of international punishment against the crimes of wars, the four Geneva Conventions and its two additional Protocols have had the great significance to lay a good legal foundation for the enforcement of the principle of a prescribed punishment against a specific crime. The statute of the former Yugoslavia tribunal gave a great impetus to the development of the punishment against the crimes. The statute stipulates that the international tribunal is superior to internal courts, which goes beyond the realistic possibility of the international society and has weakened the significance of the tribunal. The International Criminal Court Statute is the latest development of international punishment against the crimes of wars. This statute has made a great step in absorbing principles of criminal law, improving jurisdiction and trigger mechanism,etc.,though it still includes a sort of idealism and needs improving in handling the relationship with the Security Council of the U.N. The history of international punishment against the crimes of wars reflects the trends of standardizing judicial bodies, strengthening compulsiveness and precedingly developing the punishment against individual crimes.
【CateGory Index】: D995
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1 Chen Danying(Zhejiang University of Technology and Jndustry,Hangzhou City, 310024);A Study on the Jurisdiction of International Criminal Court(ICC) and Iraq War[J];;2005-01
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【Secondary References】
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1 Wang Lijun;The International Criminal Court and the International Rule of Law against the Background of Globalization[J];Cass Journal of Foreign Law;2004-04
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