国際刑法と罪刑法定主義

International criminal law and the principle of legality (or the principle of 'nulla poena sine lege, nulla poena sine crimine, nullum crimen sine poena legali')

Kodera Sayoko

広島平和科学

Hiroshima Peace Science

[PISSN] 0386-3565

[EISSN] 2434-9135

[NCID] AN00213938

The progress realized through the efforts at codification of international law since the First Hague Peace Conference of 1899 is, in this author's opinion, quite remarkable in respect to the law of state responsibility. The topic of state responsiblity was already listed among those selected as being suitable for codification when the Conference on the Progressive Codification of International Law was held in 1930 under the auspices of the League of Nations, which ended without success. This topic was revived by the International Law Commission of the United Nations. As the Commission's work proceeded, a trend has been evolved in the theory of international law on legal responsibility of state for its illegal acts or ommission. In other words, criminal responsibility of state has come to be discussed. In fact, not a few treaties now provide for punishment of individuals responsible for state's international crimes. Thus, a new kind of international law, 'international penal/criminal law' or 'penal/criminal international law' has come to attract our attention. And at the same time, the principle of legality has become an important rule in this new law. This short paper is to sum up a tentative result of the author's research on the question of how the principle of legality is, or is not, observed in international criminal law. Her conclusion is, in short, that the principle of legality is proclaimed in the International Bill of Humen Rights. However, neither the principle itself nor provisions in accordance thereto (especially in the provisions of penalties) are yet to be found in any of treaties in the field of international criminal law. One of the reasons the author chose this thenie which is new to her, is, in her belief, that the development of an effective system of punishment of international offences (especially those against peace) will lead to the establishment of peace and security of makind. Various relevant questions have, however, been left undiscussed here, which the author hopes to deal with in th

Peace Science [ 319 ]

Law [ 320 ]

jpn

広島大学平和科学研究センター

[ISSN] 0386-3565

[NCID] AN00213938