A Study On The Influence Of Jurisdiction Of International Criminal Court On National Sovereignty

The formal founding of the International Criminal Court has historic significance in the development of International Law. Beyond the four traditional scopes, the new jurisdiction uses the method of direct jurisdiction instead of indirect one, challenging the international crime jurisdiction. It is also a complement of the traditional scopes. However, the new jurisdiction involves a series of issues that whether it will affect national sovereignty.This article discusses the issue whether the ICC jurisdiction has priority over national sovereignty from the aspect of the principles of nation's consent and complementary jurisdiction.The precondition of ICC jurisdiction is nations' common concert, and the inherent jurisdiction doesn't infract the principle of national sovereignty. And besides, only when the nation is "unwilling" or "disable", the ICC jurisdiction can be in force. As for the non-member states, ICC jurisdiction doesn't create any additional obligation or exceed its national sovereignty.Our country should consider whether we are ready to become a member of the Statute of Rome, and get well prepared.