东京审判与追究日本军政要人刑事责任

The Tokyo Trial and the Superior Responsibility Applying to the Japanese Military and Political Leaders

70年前,第二次世界大战中取得胜利的同盟国开启了东京审判,以追究日本"军政要人"的个人刑事责任。所谓军政要人的刑事责任,其实是由其下属人员的犯罪行为引起的。因为是国家或军队的高官,其领导地位本身要求其对下级要进行管束。如果下级违反战争法规,军队将领或高官在知情情况下没有予以制止或惩治,就要因此而承担该下级军人所犯罪行的刑事责任。这就是军政要人刑事责任理论的基本要义。时至今日,通过实践,军政要人的刑事责任已发展成为国际刑法中的重要原则。东京审判确立的军政要人刑事责任,为国际刑法的发展作出了贡献。

More than 70 years ago,the Aligned Countries,after winning the war in WW II,began to set up the International Military Tribunal for the Far East to try and punish the Japanese high-level governmental and military leaders based on the superior responsibility. The so-called 'superior responsibility' is not due to the fact that the high-level officials committed directly the crimes by themselves,but rather by their subordinates. However,it is clear that the high-level governmental and military officials have responsibility for the behavior of their subordinates because of their position. If they failed to prevent or to punish their subordinates with the actual knowledge of the crimes,then they should be held accountable too. Now, the superior responsibility has becomes one of the most important principles of international criminal law. The Tokyo Trial,therefore,has made a great contribution to the development of international criminal law.