The International Criminal Court's Jurisdiction

Rome Statute of International Criminal Court has formally come into power in 2002, and the first international criminal judge institution in human history the International Criminal Court has also been established in Hague, Holland. The world community eventually made a historical step for the world peace and human interest. This paper studies on the jurisdiction of the International Criminal Court, through the analysis of its related international law issues, points out that the current jurisdiction mechanism of the International Criminal Court is in accordance with the sovereignty principle. China should deal with the topic of International Criminal Court with a more open attitude, enhance the research and communication with the International Criminal Court so that to make prepare for the future Chinese membership of this international criminal judge institution.For the dissertation for this topic, this paper has been divided into six parts. The first part make clear the background knowledge and concept of this paper through the introduction of the development history of international criminal judge institution and the basic content as well as the construct of Rome Statute. The second part analyses the nature, predetermination as well as the foundation stone of the jurisdiction of the International Criminal Court. This part makes it clear that the model of complementarity jurisdiction can best fit the purpose and current condition of the International Criminal Court through the comparison of compulsory jurisdiction, paralleled jurisdiction, criminal lawsuit abalienation jurisdiction as well as the complementarity jurisdiction model. The third part concentrates on the content of the jurisdiction of International Criminal Court, points out that the International Criminal Court has jurisdiction over the crimes which happen after the Rome Statute has come into effect, no matter the jurisdiction has been started by which one, the International Criminal Court does not has jurisdiction over the crimes which happened before the statute has come into effect. On the topic of to where the International Criminal Court jurisdiction can exerts its effects, this paper points out that the International Criminal Court has jurisdiction over its,membership country as well as other related countries. On the topic of over whom the International Criminal-Court has jurisdiction, this paper points out that the International Criminal Court has jurisdiction over natural persons above 18 years. Meanwhile, it stress the principle of irrelevance of official capacity. The forth part of this paper analyses the most serious international crimes over which the International Criminal Court has jurisdiction in accordance with the Rome Statute. The fifth part of this paper stress the jurisdiction mechanism of International Criminal Court, analyses whom has the power to start this mechanism, the meaning of comliementarity jurisdiction as well as its relation with national sovereignty, points out that the member countries of the International Criminal Court, the security council of UN and the prosecutor of the International Criminal Court has the power to start the jurisdiction mechanism. This part also emphasizes the importance of the independent inquisition power of the prosecutor. The last part of this, paper concentrates on the relationship between China and International Criminal Court, especially stress the reasons why China blackballed the Rome Statute and considers these reasons from the aspect of the power of the International Criminal Court's prosecutor, the content of crime against humanity as well as the concept of aggression crime, points out that we should make preparation for the future Chinese membership in International Criminal Court from the international and domestic aspect.