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对于国际刑法渊源的概念与内容,学界还存在争议。特别是国际习惯、一般法律原则以及司法判例等,在其与罪刑法定原则冲突的情况下,能否作为国际刑法的渊源,成为学者们争论的焦点。矛盾的根源在于对国际刑法的渊源概念界定过于狭窄,因此要在国际刑法框架内解决上述矛盾,有必要对国际刑法渊源理论重新构建,扩展其内涵。
For the concept and content of the origin of international criminal law, the academic circles are still in dispute. In particular, international conventions, general legal principles and judicial precedents have become the focus of debate among scholars as the origin of international criminal law in the context of their conflict with the principle of legality. The origin of the contradiction is that the definition of the origin of international criminal law is too narrow. Therefore, to resolve these contradictions within the framework of international criminal law, it is necessary to reconstruct the origin theory of international criminal law and expand its connotation.