On The Jurisdiction Of International Criminal Court From The Angle Of Rome Statute

On July 17,1998, the diplomatic convention of UN on "Establishing the International Criminal Court" passed the Rome Statute of International Criminal Court (ICC), i.e., Rome Statute. The passage of Rome Statute marks the naissance of a brand-new permanent international criminal judicial organization, indicates a historic breakthrough of international law in the aspects of the international protection of human rights, the construction of international criminal judicial system, individual international criminal responsibility, etc, and brings great influence to the development of the contemporary international politics, international and even the international criminal law. The issue of the jurisdiction of ICC is the most controversial problem in the Rome Convention. Therefore, this paper starts from the general introduction of the content of the jurisdiction of ICC in Rome Statute, discusses the issue of the jurisdiction of ICC, points out the conflicting points between the regulation on the jurisdiction of ICC in Rome Statute and the traditional principle of state sovereignty, and further puts forwards several suggestions to solve the above problems. There are four parts in this paper, including about 33,000 words.The first part: briefly introduces the jurisdiction principles of ICC. Both general principles and some unique ones of its own are included. Here the author mainly introduces four principles――the principle of individual criminal responsibility, non bis in idem, presumption of innocence and the principle of complementarity. The second part: makes a concrete explanation of the jurisdiction scope of ICC, i.e., the specific crimes under the jurisdiction of ICC. In this part, the author respectively explains the concept, the crime component of the crime of genocide, crimes against humanity and war crimes, as well as the conditions for ICC to implement jurisdiction over the above crimes. Since there is still dispute over the concept of crimes of aggression and it even involves the function of UNSC, there is no specific regulation in Rome Statute on the crimes of aggression. In this part, Author advances some points of view of her own on the dispute.The third part: sums up the characters of the jurisdiction of ICC, which is mainly represented in three aspects: complexity, limitedness and complementarity. As to the complexity, first, Rome Statute stipulates both jurisdiction of entity and process; second, at the angle of functional jurisdiction, ICC enjoys the jurisdiction over investigation, prosecution and trial of the cases. The limitedness of the jurisdiction of ICC mainly dwells on the four aspects of ratione personae, ratione loci, ratione temporis and ratione materiae. The character of complementarity shows in: the premise of the jurisdiction of ICC is the relevant state accepts the jurisdiction of ICC; ICC cannot apply its jurisdiction over the cases that domestic courts are able to exert its jurisdiction or are in the process of jurisdiction; Only when domestic courts are unable or unwilling to exert its jurisdiction, can ICC apply its jurisdiction to the cases.The fourth part: sets forth the challenges of the jurisdiction of ICC to the principle of state sovereignty, and brings forward suggestions to solve the conflicts. The regulation on the jurisdiction of ICC in Rome Statute breaches the traditional principle in international law that a treaty has sanction only to its signed parties, which embodies in that the jurisdiction mechanism of ICC and the principle of complementarity imposes obligations on the third state party. Some regulations in Rome Statute even harm the state jurisdiction independency. Such challenges and impacts are just the main factors that influence the popularity of ICC. Hereby, the author raises some suggestions to solve the conflicts. Firstly, we must realize the cooperation and competition between the ICC and domestic courts. Secondly, the states should enhance their trust in ICC and willingly transfer some of its criminal jurisdiction over internationa...