Analysis Of The International Criminal Court Jurisdiction Principle Of Complementarity And Its Impact On National Sovereignty

The Interntional Criminal Court (hereinafeter called ICC) is a permenant judicial orgnaization, established on 1^st July,2002. For protecting the common interests of the international society, the ICC has the jurisdiction of the international crime. However, conflicts exsit between the jurisdiction of ICC and criminal jurisdiction of counties, which will affact the country' s sovereignty. So, the princple of the jurisdiction of ICC is the principle of complementarity, which means the ICC will not have the jurisdiction unless the states parties "unwill" or "unable "to exercise their ciminal jurisdiction. The ICC attempts to solve the problem of conflict of the sovereignty by this way. The purpose of this article is to clearify the principle of complementarity of the jurisdiction of ICC by analysizing the articles of the in order to discuss the effects of this complementarity principle to the country's sovereignty on the basis of the theroy of the country's sovereignty and the situation of the international society. At the end of this paper is some advises of the attitude and the position of China concerning whether to join the ICC.