| Project/Area Number |
11620030
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | KOBE UNIVERSITY |
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Principal Investigator |
FUJITA Hisakazu Kobe University Faculty of Law Professor, 法学研究科, 教授 (70067619)
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| Project Period (FY) |
1999 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 2000: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 1999: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | International Criminal Court, / International Tribunal for the former Yugoslavia (ICT), / Nuremberg Trial, / Tokyo Trial, / War crimes, / Crime against humanity, / genocide, / crime of aggression / 国際軍事裁判 / ローマ規程 / 捕虜 / タジッチ事件 / 国際刑事裁判 / ニュルンベルク裁判 / 東京裁判 |
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| Research Abstract |
1.This research is to make clear historic significance of the Rome Statute of the International Criminal Court of 1998 in studing the elaborating processes of so-called "core crimes" under the jurisdiction of the Court, that is, the crime of genocide ; crimes against humanity ; war crimes ; and the crime of aggression. 2. First, after historical survey of the proposals of an International Criminal Court since Paris Peace Conference of 1919, including International Military Tribunals of Nuremberg and Tokyo as well as as hoc International Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR) established by the resolutions of the Security Council of the UN, this research advanced the study of elaboration of the Draft Statute of the International Criminal Court in the UN and diplomatic Conference of Rome. As State practices relating to the signature and the ratification of the Statute, the arguments of the United States and the Consitutional debate for the ratification by France have been analysed.
3.Secondly, Among the core crimes, the crime of aggression which is not defined in the Rome Statute is studied through "crime against peace" treated in the Nuremberg Trial. The problem of ill-treatment of Prisoners of war which has been considered as one of the most important war crimes in Tokyo Trial has been enumerated as grave breach of humanitarian law in the Rome Statute. The study of Dusko Tadic case in the Appeals Chamber of the ICTY treated among others the crime agaisnt humanity.
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