War crimes in violation of the laws of war or practice. Such a violationincluding murder, slavery or for other purposes, abuse or exile territorycivilians, murder or maltreatment of prisoners of war or offshore personnel,kill the hostages, plunder of public or private property, the destruction ofurban or rural or non destructive military necessary based on, but notlimited. Often the subject of war crime is committed in the name of nationaland state agencies or groups and organizations
War crime is considered a crime is adjusted by the mandatory legal norms.Refers to the international society of all accepted and recognized as the lawdoes not allow the loss only after the stock has the same nature of general international law before the change.
First, serious damage to the August 12, 1949 "Geneva Convention"behavior
Second, other acts of serious violations of the laws and customs of the established within the range of the international law applicable to internationalarmed conflict,
Third, in non international armed conflicts, serious violation of the August 12, 1949 four "Geneva Convention" common article third behavior, that do notactually engaged in hostilities, including members of the armed forces have laid down their arms, and due to illness, injury, detention or any othercause and lost the battle of personnel, the implementation of de Xingwei
Fourth, second paragraph third applies to non international armed conflicts,and therefore do not apply to internal disturbances and tensions, such asriots, isolated and sporadic acts of violence or other acts of the same nature
Fifth, other acts of serious violations of the laws and customs of the established within the range of the international law applies to noninternational armed conflict.
Sixth, second paragraph fifth applies to non international armed conflicts,and therefore not suitable for internal disturbances and tensions, such asriots, isolated and sporadic acts of violence or other acts of the same nature. This rule applies to armed conflict in the territory of a state, if the government authorities and organized armed groups, or the group between the long armed conflict."
二 the principle of punishment of war crimes
The principle of
"In the crime of violating international law people take personal responsibility, and therefore should be punished."
Principle two
"Domestic law does not punish violate international law crime fact, not asthe actor from international law responsibility for."
Principle three
"To act as the head of state or government officials responsible, committed a crime against international law person, its official status cannot be exempt from the international law responsibility for."
Principle four
"Acted on government or the superior orders, if he can make moral choice,cannot be removed from the international law." This principle can also beinterpreted as: "'I only obedience to superior orders' is not justified."
Principle five
"Accused of crimes in violation of international law are entitled to a fair trial in law and in fact."
Principle six
"Violation of international law should be punished crime is: (一) crimes against peace (二) (三) war crimes and crimes against humanity
Principle seven
"To make Shihara Noriroku the crimes against peace, war crimes or crimes against humanity in international law.
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