论危害人类罪

On Crimes Against Humanity

危害人类罪是最恶之罪,除非该罪受到法律制裁,否则就没有全球正义可言。防止并惩治危害人类罪已成为每一个国家对整个国际社会的义务,已成为国际法上一项强行法规则。《国际刑事法院罗马规约》对危害人类罪作出了到目前为止最详尽的规定,本文即以该规约为基础,结合国际刑事司法机构的判例与法理对危害人类罪的历史渊源、特征以及危害人类罪中的具体罪目进行分析与研究。

Crimes against humanity are the crime of crimes.Unless the offence is punished by law,there is no global justice.Up to now,it has become erga omnes for every State to the whole international community to prevent and punish crimes against hu- manity.This has become a rule of jus congens in international law.The Rome Statute of International Criminal Court has the most detailed stipulations on crimes against humanity. Based on the Rome Statute,and jurisprudence and cases entertained by international criminal institutes,this article tries to explore and analyses the historical background, character and specific crimes under crimes against humanity.