전쟁범죄의 개념적 한계와 그 적용가능성에 대한 연구

The concept of war crime is not clearly defined yet, but it started becoming established after World War II in sentencing war criminals. The Rome Statute 6,7,8 states the scope of war crimes and the crimes against humanity including genocide. Post the Second World War treatment of war criminals differ completly in Germany and Japan. Whereas Germany punished the war criminals on a national level, Japan took a different path. If Germany established national trust with the surrounding nations by punishing the Nazi war criminals, Japan only treated war criminals on an individual level, with the greatest war criminal (Emperor Hirohito) not even being tried. In the international law war crimes and the crimes against humanity has no the prescription of public prosecution. Since Japan claims to respect the international law, legal backgrounds for punishing Japanese war criminals is already in place. Range of criminal punishment that happened during the Second World War is a war crime, including criminal and the Inhumane. In addition, during the Second World inhumanity and japanese colonial policy of war in the Korean peninsula also can be punished as a war crime. Killings of independence activists and torture and persecution, etc. belong to this range. Also the the comfort women inhuman must be punished as a war crime. The establishment of the Court to judge the Japanese war crimes is needed. In fact, to establish this Court in Japan is difficult, but the nature of the arbitral tribunal is possible. These new tribunals may exercise jurisdiction irrespective of the consent of the Japanese government.