從國際法觀點論國際犯罪

• Main Author: 莊敏彰
• Other Authors: 魏靜芬
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/35027067852352754570

碩士 === 國立海洋大學 === 海洋法律研究所 === 90 === Abstract As various types of international crimes developed rapidly, to deal with issues of international crimes is therefore crucial in contemporary international society. However the lock of a robust jurisprudent theory in the international crime level has led to numerous controversial issues which are debated in academics and also in practice, such as the definition of international crimes, jurisdiction and its implementation, obligation and from which the punish system is based on etc. An outstanding achievement followed the recent efforts of the international society against the international crimes is that of setting up the International Criminal Court (here after, ICC). Among others, The Rome Statute of the International Criminal Court of 1998, in particular, plays a key role in contemporary international criminal law both in theory and in its practice. Apart from the Introduction and Conclusion, there are five chapters in this thesis: Introduction: to introduce the research motivations, methodologies and the relevant research scope of the thesis. Chapter 1: Concepts of International Crimes This chapter takes first step to deal with several issues such as the definition, characteristics, elements and categories of international criminal, in order to move to further discussion in depth in this area. Chapter 2: Jurisdiction in International Crimes This part draws out the debates in respect of jurisdiction, such as the procession of jurisdiction, and the solution of jurisdictional conflicts. Chapter 3: International Criminal Responsibility Analyses relevant criminal responsibilities imposed on the concerned individual and also on the concerned states. Principles to define international crimes are provided as well. Chapter4: Implementation of International Criminal Trial This section introduces present operation of the International Military Court and provides different case studies of IMT, IMTFE, ICTY, and ICTR. Chapter 5: International Criminal Court This chapter presents the origins and historical development of the ICC. It also describes the concepts and structure of the Rome Statute of the International Criminal Court as well as the jurisdiction and the general principles adapted by the ICC when applying to laws. Conclusion: to summarize the whole thesis and provide a general conclusion.