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Criminal responsibility according to the law is the law in the sense of a kind of rights such as freedom, property or life by the particular burden, which violates criminal law obligation, implemented after the infringement behavior norms of criminal law, the offender shall bear by the legal sanctions. International criminal responsibility refers to the criminal liability of illegal international subjects according to the international criminal law and the domestic criminal law of relevant countries. In other words, the actor carries out international criminal ACTS and should be subject to the negative evaluation of international criminal law and the corresponding legal consequences.
"War is a violent act that forces the enemy to obey our will." "war is a political act." "war is nothing but the continuation of politics by another means." It is the classic definition of war by the famous military theorist Clausewitz. The definition indicates that war is an act of violence. The initial motive for the war was political, in the pursuit of national interest; the direct aim is to destroy each other and make the enemy powerless to resist. "War in international law mainly refers to the armed conflict and the resulting legal status resulting from the use of force by two or more countries." In international law, war is a fact of armed conflict and a state of law. The subject of war is the state, whose purpose is to carry out national policies using force. Humans' war there was a gradual understanding of the process and restrictions, in addition to the decision-making mechanism within countries. The international community is also guarded against violence and war restriction mechanism, for example, in the global political, diplomatic coordination, multilateral international conference, defense group form a collective security system, etc.; At the legal level, international law is a meaningful way to regulate war. The norms of international law against the war have gone through the process of limiting to fundamental denial. The first international law had specific rules for regulating conflict, mainly about war and the practice of war. In the late middle ages, the feudal states of Europe gradually gained their independence and exercised their sovereignty, and international law began to sprout, and a group of scholars of international law emerged, and they put forward the doctrine of international law concerning the war. The Spanish scholar Victoria inherited the idea of Aquinas and put forward the principle of "just war."
The background of the international criminal law 国际刑法的背景
In modern international law, the recognition of sovereignty also recognizes that national states have the right to wage war according to their national interests, which is to acknowledge that the state has the right to battle. But after the ravages of war, the international community recognized that the war should be limited to international law. The war is still the focus of the scholars of modern international law. They inherit and carry forward the theory of just war and argue that war should be justified. The Dutch scholar Gerhold, who laid the foundation of modern international law with the law of war and peace, is known as the "father of international law." He inherited and played the theory of just war, arguing that the key to the separation of the battle of justice and the unjust war was to conform to natural law and other laws. In August 1864, the 12 countries held an international conference in Geneva to sign the convention on the betterment of the army (Geneva convention) . Since then, the international community has organized numerous international conferences and signed international agreements on the prevention of war and the reduction of war damage . More important were the two Hague peace conferences. For easing international tensions, peaceful settlement of international disputes is to reduce the rules of war damage. From may to July 1899, 26 countries held in the Hague peace conference, discuss the peaceful settlement of international disputes, arms limitation and the problem of martial law, the meeting finally passed the principles of the Geneva convention applicable adaptation to the conference. The agreement on Marine laws and regulations and protocols, the convention on the peaceful settlement of international disputes and three weapons and fighting method declaration. From June to October 1907, 44 countries held in the Hague peace conference for the second time, the meeting adopted the convention on the peaceful settlement of international disputes; the debt limit the use of force for contract convention, and the agreement on about the war began, 13 of the assembly. Over both the peaceful settlement of international disputes convention, states parties should try to use peaceful means to resolve international disputes, in case of severe discussion, before the use of force, should be asked one or more friendly countries to mediate or the mediation. The two conventions, though a provision of the peaceful settlement of international disputes is a mandatory obligation of the parties, more not ban war, but the conference advocates the peaceful settlement of international disputes. Provisions for the use of force should be first to use peaceful solution, is to the right to resort to war a significant limitation.