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个人刑事责任的管辖豁免是由习惯国际法形成的一个古老的规则,也是争论比较激烈的一个现实问题,根据这一规则,个人代表国家实施的行为,包括代表国家发动的战争行为和危害人类的行为不受国际和外国法院的司法管辖。但是两次世界大战之后越来越强调追究个人刑事责任,主张法律面前人人平等,传统国际法中的管辖豁免规则必然受到冲击而发生新的改变,任何人犯有严重国际罪行都有可能承担刑事责任。
Jurisdictional immunity of individual criminal responsibility is an ancient rule formed by customary international law and a more controversial one. According to this rule, acts carried out by individuals on behalf of the State include acts of war initiated on behalf of the State and acts endangering human beings Not subject to the jurisdiction of international and foreign courts. However, after World War II, it was increasingly stressed that the investigation of individual criminal responsibility should be pursued and that all people should be equal before the law. The rules of jurisdictional immunities in traditional international law will inevitably be affected and new changes have taken place. Anyone guilty of serious international crimes may bear criminal responsibility .