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The Criminal Jurisdiction Over Terrorist Crime By International Criminal Court

Posted on:2009-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhouFull Text:PDF
GTID:2166360245466222Subject:International Law
Abstract/Summary:PDF Full Text Request
The establishment of international criminal court has been a landmark in the historical development of international criminal law. As a specialized and permanent international judiciary body for the criminal matters, the international criminal court has jurisdiction over only four categories of crimes, i. e. the Crime of Genocide, Crimes against Humanity, War Crimes and Crime of Aggression. After the 9·11 terrorist attack, many nations have paid overwhelming attention to the terrorist crimes. This kind of crimes have caused much more serious destructions to the people in the world to some degree. It is a pity that there is no jurisdiction for the international criminal court over those crimes of this nature. This has violated this court' s principles that maintenance of world peace and security and protection of international justice. It will be meaningful job to study how the international criminal court shall take jurisdiction over terrorist crimes.There are varied definitions of terrorist crimes in today' s world and the Court lacks jurisdiction over those crimes. However the international organizations of global, regional nature and even national statues have give their own definition for it and established their jurisdiction over those crimes. Up to now, there is no international judiciary body that has exercised jurisdiction over those crimes.There is much controversy over the question whether terrorist crimes shall be put under jurisdiction of the Court. There have been two different schools of viewpoints, i. e. "for " and "against" . This essay' s answer is "for" . The Court shall take jurisdiction over the terrorist crimes giving the reasons of theory of international criminal law, international judicial practice and the political wishes of nations for the international prevention and control of terrorist crimes. The Court faces real difficulties and it is necessary to find practical resolutions.The terrorist crimes have threatened the international peace and security and the international cooperation has been destroyed and human rights and fundamental freedoms and democratic foundation of international society have been in danger. As for the anti-terrorism cause and the development of international criminal law, the Court shall take jurisdiction over those crimes. It is necessary for the evolution of international criminal law, for the realization of the principles of this Court and for the maintenance of international peace and security and for the international cooperation of anti-terrorism.
Keywords/Search Tags:International criminal court, Jurisdiction, Terrorist crimes
PDF Full Text Request
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