Studies On The Complementarity Principle Of The Jurisdiction Of The International Criminal Court

The Jurisdiction of the newly-established International Criminal Court has experienced heated debates. Finally, the Rome Statute refers to the International Criminal Court as an international institution that"shall be complementary to national criminal jurisdiction". The Complementarity is designed to find a balance between the sovereign right of all states to exercise criminal jurisdiction. It means the International Criminal Court does not serve as the supranational judicial institution, it can not replace the status of the national courts within the field of preventing and punishing international crimes, but plays a subsidiary role and supplements the domestic investigation and prosecution of the most serious crimes of international concern. The author hopes the present article can provide some helpful ideas and arose more concern to the complementarity principle by international community and international law researchers.Apart from the foreword and the concluding remarks,this whole thesis consists of four parts。The first part: The general theory of the complementarity principle of the jurisdiction of the International Criminal Court. The Author first discusses the meaning of the complementarity principle, and then analyses the development process of the complementarity principle, at last explains the research significance of the complementarity principle.The second part: The academic analysis of the complementarity principle of the jurisdiction of the International Criminal Court. This part ciontains the purpose,the academic background and the creativity significance of the complementarity principle.The third part: The application of the complementarity principle of the jurisdiction of the International Criminal Court. This part does not purport to describe conclusively the complementarity principle in all its substantive and procedural aspects, but rather seeks to contribute to the discussion on the most confusing notions of the Rome Statute.The fourth part: The suspicion attitude to the complementarity principle of the jurisdiction of the International Criminal Court and the relative analysis. The past discusses the suspicion of the complementarity principle and concludes that The Rome Statute is consistant with the complementarity principle.The author suggests China modify the relative laws in order to enter the Statute in an appropriate time.