Legal Problems Of Jurisdiction Of The International Criminal Court

The International Criminal Court was established on July1,2002, which markeda significant progress in the international community, especially in the field ofinternational law. So far, one hundred and twenty countries have already becomecontracting parties of the Rome Statute of the International Criminal Court(hereinafter referred to as "the Rome Statute"). From the number of the contractingparties we can know the influence of the Rome Statute in the international community.According to the Rome Statute, it is known that the international criminal court onlypay attention to the most serious crimes jurisdiction, namely the genocide, crimesagainst humanity, war crimes and the crime of aggression. It "determined to catchthe criminals who remain at large to prevent these crimes." Also because of theappearance of the international criminal court, there is a better justice and effectivejudicial institution to maintain peace and security, punish and prevent seriousinternational crime in the international society. It cannot be denied that theinternational criminal court will be a more and more irreplaceable significant positionin the future.The most core question of the International Criminal Court is the jurisdiction.This article focuses on the International Criminal Court’s jurisdiction, and discusses itfrom four parts.The first chapter is "the overview of the jurisdiction of the International Criminal Court". This chapter describes the process of establishing the InternationalCriminal Court and the base and origin of its jurisdiction. Look from the history,human established from the Nuremberg Tribunal and the Tokyo War Crime Trial tothe international criminal court in order to punish international crimes. It alsodiscussed that the source and the base of the jurisdiction of International CriminalCourt is the transference of sovereignty of states, signing the Rome statute andconverting it into the domestic law.Chapter II is the theory and practice concerned with jurisdiction of theInternational Criminal Court. It introduces the jurisdiction of the internationalcriminal court from the entity and program aspects. Entity aspect starts with thecontents of the jurisdiction of the International Criminal Court, and analyzes thecrimes under its jurisdiction based on the Rome Statute. Program aspect is from thestart of the mechanism of the International Criminal Court, and then discusses itsadded jurisdiction, in the meanwhile analyzes it combined with Libya situation.Chapter III discusses the conflict and balance between jurisdiction of theInternational Criminal Court and the related power. It analyzes the conflict betweenthe jurisdiction of the International Criminal Court and the United Nations SecurityCouncil mandate and national sovereignty, and then analyzes how to balance them. Ofcourse,,the Rome Statute only elected compromised project finally in order to securethe support of most of the country because of different values and interests. In thisway, it actually balanced the conflict between the jurisdiction of the InternationalCriminal Court and the United Nations Security Council mandate and nationalsovereignty.The fourth chapter is the relationship between China and the InternationalCriminal Court. Above all, it briefly describes United States attitude which is moreagainst and to take the appropriate measures towards the International Criminal Court,while the countries of the European Union are more generally accept the jurisdictionof the International Criminal Court. Then, it discusses China’s attitude towards theInternational Criminal Court. Although China failed to become States parties to theRome Statute, its attitude has always been active. Whether the international criminal court or China is need for each other. China should further thought its original stance,balance the national sovereignty between the whole international human rights andinternational order, and make a more rational choice. Before making the choice, theChinese government itself also should fully understand the jurisdiction of theinternational criminal court and have a good preparation to incorporate into theinternational community in a more open attitude.