Study On The Jurisdiction Of International Criminal Court

At present,ICC already has more than 100 contracting states,covering every continents of the world.The foundation of ICC is called the "historical breakthrough in the development of international law ",which not only means the will of the establishment of a permanent international trial institution has been realized,but also a major breakthrough to international traditional criminal law system,and takes important significance in human history especially the human rights history,for the most fundamental tenet of ICC is to protect the human rights.The Genocide,Crimes Against Humanity,War Crimes,Crimes Of Aggression are under the jurisdiction of ICC,these are serious international crimes which not only impact international security and peace,but also a great violation of human rights,and it's the reason why ICC takes these crimes under its jurisdiction, and it is the jurisdiction over these crimes makes ICC the focus of international society. As a matter of fact, After the foundation of The International Criminal Court (ICC),the international society always focuses on its execise of jurisdiction, the ICTY takes jurisdiction ratione loci and ICTR takes jurisdiction ratione loci and jurisdiction in personam,but ICC is totally different,national courts' jurisdiction takes priority over ICC,only when national courts are "unwilling" or "unable" to prosecute can ICC exercises its jurisdiction,i.e,ICC's jurisdiction is much more "narrow"than national courts.The investigation carried out by prosecutor of the ICC in 2005 into Darfur in Sudan caused series of questions and doubts on the ICC's execise of jurisdiction,on one aspect, these questions and doubts reflect the international society's concern on the ICC's execise of jurisdiction,on the other aspect,also reflect the characteristics of ICC's jurisdiction.This thesis analyses,discusses jurisdiction of ICC,so as to understand the characteristics of ICC's jurisdiction deep and objectively.