International Humanitarian Law and Taiwan: The Application of Crimes Against Humanity to the February 28 Incident of 1947

• Main Authors: Rou-yun Tu, 涂若筠
• Other Authors: 張文貞
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/67406828080024966745

碩士 === 國立臺灣大學 === 法律學研究所 === 101 === International humanitarian law has developed since the 19th century and is now one of the important issues under international law. Most of the discussions of international humanitarian law were based on foreign cases. This thesis aims to analyze whether the conflicts of the February 28 Incident of 1947 constitute crimes against humanity and whether the participants of the incident should be liable for individual criminal responsibility. First, Chapter 2 will introduce the development and the legal sources of international humanitarian law. Since the establishment of International Committee of Red Cross, international humanitarian law has begun to develop. In response to the serious calamity causing by wars, a series of treaties and conventions were drafted and adopted including “the law of Hague” that seeks to regulate the conduct of hostilities and “the law of Geneva” that strives to protect war victims such as civilians and prisoners of war. In 1990s, a number of ad hoc international criminal tribunals were set up to punish those who violate international humanitarian law. All these led to the establishment of the International Criminal Court that has since 2003 been in operation. The legal sources of international humanitarian law include treaties, customary international law and general principles of law. Chapter 3 discusses crimes against humanity and individual criminal responsibility. Crimes against humanity were codified after the Second World War. After decades of developments, crimes against humanity are no longer linked with armed conflicts and are applicable both to times of war and times of peace. The elements of crimes against humanity include a widespread or systematic attack targeting any civilian populations and perpetrators with the knowledge of the attack. Violators of international humanitarian law should be held liable for direct responsibility for the involvement of the commission or superior responsibility for not fulfilling the obligation of supervision. Chapter 4 introduces the conflicts and the force suppression of February 28 Incident of 1947 in northern and Kaohsiung areas. The incident was precipitated by a confiscation case in Taipei on February 27, 1947. The anger of civilians was outbreak when a woman, who sold cigarettes without authorization, was beaten by mainlander officials. The conflicts between civilians and the government were becoming more and more serious. The government decided to suppress civilians by forces and arrested members of the February 28 Incident committee and local gentry. Thousands of lives were lost in the incident. Last, Chapter 5 analyzes whether the conflicts in northern and Kaohsiung areas during the February 28 Incident constitute crimes against humanity and the criminal responsibility of the participants. The thesis is of the view that if there were no challenge made to ex post application of international humanitarian law, the deaths and other casualties that had occurred in northern and Kaohsiung areas during the February 28 Incident would have constituted crimes against humanity. Those who participated and ordered the force suppression would have be liable for direct responsibility, and those who did not fulfill their duty as a superior would have also be liable for superior responsibility.