20世纪是世界大战的世纪。具体的民族国家与其他民族国家的利益对立,在该世纪达到了自民族国家诞生以来最为激烈的程度。但是,在20世纪后半期,情形逐渐发生了变化。企业的经济活动、人员交往和信息交流的全球化,促成了很多超国家的机构的建立和适用于很多国家的规则的制定,其目的是在国际范围内——像国内法一样——同等处理相同的事件。设立国际刑事法院(ISTGH)的努力,也经历了类似的历程。在全球化的社会中,自然就要求对大规模的严重犯罪,例如侵略战争和谋杀民众,由国际法院进行审判,特别是当这些犯罪在相关国家完全没能或者没能公正地受到追究和处罚的时候。但是,这一要求与传统的国家刑罚权的不可侵犯性之间的冲突,至 The 20th century is the century of world war. The antinomy of the interests of specific nation-state and other nation-states has reached the most intense level since the birth of the nation-state in this century. However, in the second half of the 20th century, the situation gradually changed. The economic activities of enterprises, the globalization of personnel exchanges and the exchange of information have led to the establishment of many supranational institutions and the formulation of rules applicable in many countries with the aim of treating them equally internationally, as in domestic law Same event The efforts to establish the International Criminal Court (ISTGH) have also gone through a similar process. In a globalized society, it is natural to demand that the trial be carried out by the International Court of Justice on large-scale and serious crimes, such as wars of aggression and murder of the people, especially when these crimes are completely or not fairly punished and punished in the countries concerned when. However, the conflict between this requirement and the inviolability of the traditional right of punishment has come