Trial of War Crime in International Regime-Possibility of Punishing Terrorism

• Main Authors: Chuang, Kun Lung, 莊坤龍
• Other Authors: 陳新民
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/25440454161489673141

博士 === 政治作戰學校 === 政治研究所 === 94 === This thesis combined with research approach and method of political science and law, and focused on punishment of war crime by theory of international regime. The scopes of inquiry are original concept of war crime, Geneva Convention, Hague Conference and the process of enacting laws of war, and to analyze cases of war crime, which majored in jurisdiction, immunity and extradition of international law, contribution of state, commander and individual responsibility of war crime. The goal is to verify the correlation of international politics and law. After 911-terror attack, the United States launched “War on Terror”. This article focused on controversies about jus ad bellum, jus in bello, authorities of Security Council of United Nations, issues of self-defense and collective security in international community, and the rules of American Military Law and International Criminal Court. Recently the Supreme Court of United States made judgments which appeal by habeas corpus related with war power of the president and liberty right of constitution. Although those issues may not concern with terrorist directly, the opinions of court still have some functions to clear controversies of international law regarding terrorism. The aim wanted to check the possibility that analogized the condemnation of terrorism by referring to experience of punishing war crime.