论文部分内容阅读
前南斯拉夫问题国际法庭的设立 ,开创了由国际法庭审判国内战争罪犯的先例。尽管该法庭的设立已十年有余 ,并且已经审判了一批罪犯 ,但是 ,时至今日 ,该法庭的合法性仍受到质疑和批评。本文对通过国际刑事法庭追究个人刑事责任的依据进行了充分的阐述 ,认为违反国际法是追究个人国际刑事责任的依据 ;进而 ,在此基础上对设立前南国际法庭的法理根据进行探讨 ,并认为国际组织暗含权力是联合国安理会设立前南国际法庭的法理根据 ,设立这样的法庭作为安理会的一项执行措施乃是源自于安理会根据《联合国宪章》第七章而具有的暗含权力。
The establishment of the International Tribunal for the Former Yugoslavia has set a precedent for the international tribunals to try civil war criminals. Although the Tribunal has been established for more than 10 years and a number of criminals have been tried, the legality of the Tribunal is still being challenged and criticized to this day. This article fully elaborates the basis for pursuing individual criminal responsibility through the International Criminal Tribunal and holds that the violation of international law is the basis for investigating the international criminal responsibility of individuals. Furthermore, on the basis of this, the legal basis for the establishment of ICTY is discussed. The implicit power of international organizations is the legal basis for the establishment of the ICTY by the UN Security Council. The establishment of such a tribunal as an implementing measure of the Security Council stems from the implied powers of the Security Council under Chapter VII of the United Nations Charter.