Study On The Jurisdiction Of The ICC

This article studies on the jurisdiction of the ICC. Through analyzing the legal issues it concerned, the article demonstrates that the jurisdiction mechanism of the ICC conforms to rules of public international law and the principle of state sovereignty. Therefore, it is actually not an obstacle to China's accession to the Rome Statute. China shall take an open attitude to the ICC and do some prepare work for accessing to the Rome Statute in the future.This article contains five parts. Part 1 introduces the power of international criminal jurisdiction and the new international organization: the ICC to provide some basic conception and background for further argument. Part 2 elaborates the basic issues the ICC's jurisdiction concerned, including the source of its force and its functions, the preconditions to the exercise of jurisdiction, its force scope and the trigger mechanism. Part 3 elaborates the four types of international crimes that fall within the scope of the ICC's jurisdiction, and discusses the issue of scope extending of the ICC's jurisdiction. Part 4 demonstrates that the principle of complementarity established by the Rome Statute is the best choice in dealing with the relationship between the ICC's jurisdiction and national jurisdiction by comparing different types of relationship model, because it not only respects state sovereignty but also keep the ICC working effectively. Part 5 through reviewing China's position and its reasons on the issue of the ICC's jurisdiction, demonstrates that the jurisdiction of the ICC is not an obstacle to China's accession to the Rome Statute, and on this basis, put forward some constructive advises on this issue.