On The Jurisdiction Of The International Criminal Court

Rome Statute of the International Criminal Court (ICC) has formally come into power in2002and the first permanent international Strafgerictsbarkeit-the International Criminal Court (ICC) has been established in Hague of Holland, and carried out quickly. International law, especially the International Criminal Law, has achieved a historic breakthrough in theory and practice because of the ICC. In practice, it is significant to safeguard the world peace in respect of fighting international criminals. According to the Rome Statute’s provisions, the jurisdiction of the ICC will inevitably create conflicts with state sovereignty. Besides, the ICC will hold jurisdiction over the non-contracting states under specific conditions, so it is controversial across countries. Although China has not acceded to the ICC, the importance of ICC can not be ignored and the recognition and comprehension of it necessary.This thesis will focus on the jurisdiction of ICC by discussing the issues of the jurisdiction of ICC and analyzing advantages and disadvantages so that to make prepare for the future Chinese membership of this international criminal judge institution.This thesis is divided into six parts.The first part introduces the background and process of the ICC establishment and makes clear the status and function of the ICC.The second part analyses the principle of the ICC jurisdiction. On the analyses of the nature of the ICC jurisdiction, it is known that the model of complementary jurisdiction is the best choice to balance the state sovereignty and judicial independence.The third part analyses the scope of validity of the ICC jurisdiction, which is consist of jurisdiction ratione temporis, jurisdiction ratione loci, jurisdiction ratione personae and jurisdiction rationae materiae. That is the effect of time, space, person and subject.The forth part analyses the crimes within the jurisdiction of ICC, which include the most serious international crimes:the crime of genocide, crimes against humanity, war crimes and the crime of aggression. It also introduces the amendment of Rome Statute on the definitions of crime of aggression. The fifth part analyses the preconditions of the jurisdiction exercise and the triggering mechanism of the ICC jurisdiction as well as the relationships with the UN Security Council and non-contracting States.The sixth part analyses China’s position on the ICC and considers the reason why China objected the Rome Statute. China should make preparation for the future Chinese membership in the ICC from the international and domestic aspects.