On The Independence Of The International Criminal Court

On July 1^st, 2002, the Rome Statute of the International Criminal Court (here-in-after called "the Rome Statute") entered into force after it gained permission of more than 60 countries. This marks the birth of the International Criminal Court (ICC). The naissance of ICC ended up the history of no permanent criminal tribunal in the world and made it possible to sentence the serious international misdeeds. This is great advancement in the human nomocracy.ICC is the focus of the world from the beginning and has become a popular topic in the fields of international law and criminal law in recent years. The independence of ICC is an important component of the research of ICC, for judicature independency is the fundamental principle of modern justice and the chief element of justness. ICC will have its meaning of existence and be able to work well only if it maintains independence. ICC is paying great attention to its independence since the very beginning of arrangement. The Rome Statute founded a series of self-contained system to prevent ICC from political interference of other subjects of international law, especially several great powers.But the delicate system designing didn't avoid challenges to ICC, and ICC gave no institutional response to them. Surely it needs a long term to counter the challenges, but still it is necessary for us to participate actively in the growth and grandness of ICC. We can institutionally counter the destruction by US and other few countries. As for the anxiety of some other countries, we should gain their universal confidence in ICC through practice. China should accomplish something in maintaining the independence of ICC.The main body of this thesis contains about 20,000 Chinese characters. Apart from Preface and Epilogue, it can be divided into 4 sections. They are as follows: the establishment of the International Criminal Court, the Court's independence, challenges to the Court, and the perfecting of the Court. Section 1 is the introduction to the thesis. In this part, the author analysed the necessity of the establishment of the Court, reviewed the history of the establishment of the Court briefly, and indicated the legal foundation the Court was based on. Section 2 is the main part of the thesis. In this part the writer construed the independence of ICC seeing through the Roman Statute and other related laws. This part includes the independency of the Court itself, the independency of judges, procurators, and other primary officers, the independency of selecting and investigating cases of the ICC, the independency of finance of the Court and so on. Section 3 is about the challenges the Court is meeting, for example, malicious destruction of US, some nations lack confidence in ICC, and the possibly too forceful restraint of UNSC. The author gave his own suggestions of consummating ICC's independence in Section 4.In a word, the writer wrote his thesis on the independence of ICC severely in order to contribute his pygmy effort to the research of ICC.