论东京审判中的破坏和平罪

On the Crimes Against Peace in the Tokyo Trial

破坏和平罪的认定是东京审判的焦点问题。至第二次世界大战结束时,国际法上国家侵略行为的责任认定经历了从强调国家责任向区分个人责任与国家责任的演变过程。远东国际军事法庭对日本战犯的破坏和平罪具有无可辩驳的管辖权。远东国际军事法庭从背景要件、行为要件和心理要件方面完整论证了日本战犯犯下的破坏和平罪。东京审判对破坏和平罪的论证和认定推动了国际刑法的发展,也对维护世界和平产生了积极影响。

The conviction of the crimes against peace is the most important issue in the Tokyo Trial. The responsibility of aggressive war had gradually differentiated into state and individual responsibility in international law up to the WWII. The Tokyo tribunal had an established jurisdiction over crimes against peace and made the conviction from the background element,actus reus and mens rea of the crimes. The conviction of the crimes against peace in the Tokyo Trial not only pushed forward the development of international criminal law but also promoted the peace of world from the part of legal basis.