Research Into The Arrest And Surrender Regime Of The International Criminal Court

On July 1st,2002, Rome Statute of the International Criminal Court (Rome Statute)was ratified by 67 countries, and signed by 139 countries, the International Criminal Court(ICC) was founded, and fed novel content to the international criminal cooperation and judicial assistance. Like any other international criminal tribunal or international organization, the ICC can only fulfill its mandate by related states assist the ICC in variety of ways. Arrest and surrender as part of the ICC criminal cooperation and judicial assistance regime, received considerable attention. While, the special nature of the arrest and surrender seems deprives individuals of liberty, breaches the practice of the human rights law, thus, arrest and surrender raise many controversial issues. This article summarizes the guiding principle of the criminal cooperation and judicial assistance of the ICC, which contains: the principle of respecting the state sovereignty, the principle of protecting the human rights, and the principle of application of Rome Statute. The ICC is functioning among the sovereign states, it's jurisdiction lies on the basis of the states consent and state sovereignty, it demands respecting the state sovereignty during the procedure of arrest and surrender. As an international organization, ICC has the obligation under the international human rights law, it demands protecting the human rights during the procedure of arrest and surrender. The ICC arrest and surrender persons should settle the dispute of cooperation and assistance by complying with the provisions of Rome Statute. The article analyzes the efficacy and expediency of the ICC's arrest and surrender regime and its impact on individual rights. When the Court pursues the efficacy and expediency of the arrest and surrender regime, it has certain effects on the individual rights. In order to protect the human rights both on the national level and among the jurisdiction of the Court, the Rome Statute provides the obligations for the state parties. It also addresses the procedure of the arrest and surrender regime and related problems during the procedure. Arrest and surrender persons has two steps: first, issue the arrest warrant according to Article 58 of the Rome Statute, then make a request for surrender. The state should assist the Court to execute the arrest warrant and fulfill the obligation of surrender. And it analyzes the grounds for refuse and postpone of surrender, by analyzing these grounds mentioned in the Statute and applied in the traditional extradition law, it elaborates the how to apply the grounds mentioned in the Statute and why to expel the grounds applied in the traditional extradition law. Through the analysis of the procedure and the grounds for refuse and...