On The International Criminal Court’s Exercise Of Jurisdiction Over Its Non-parties

Established on the Rome Statute, the International Criminal Court is a permanent international judicial institution, aiming to investigate, prosecute and punish people involved in the most serious international crimes. These crimes cover genocide, crimes against humanity, the crime of aggression and war crimes. Since its establishment on July1th,2002,100countries have been ratified by the Rome Statute. However, countries like China, Amercia have not become parties of the International Criminal Court. Because it is based on the Treaty, the International Criminal Court is binding on its parties. The International Criminal Court,however, adjusts the relationship with non-parties and advocates to exercise jurisdiction over non-parties in certain circumstances. Due to the sensitivity and complexity of problems involved in non-parties, especially the collisions between the jurisdiction of the International Criminal Court and the national sovereignty of non-parties. Such relationship has been in the international spotlight and controversy.This essay starts with a new round of attention caused after the International Criminal Court issued a warrant for Sultan president arrest. Combined the study of the validity and invalidity of the jurisdiction of the international criminal court home and abroad, the essay analyzes the current state of jurisdiction of the international criminal court, proposed that the International Criminal Court and non-parties should exercise jurisdiction on cooperation. Meanwhile,it takes the relationship between China and the International Criminal Court as the example in dealing with its non-parties and probes into the International Criminal Court’s exercise of jurisdiction on non-parties.The first part of this essay mainly represents the jurisdiction of non-contracting states of the International Criminal Court. It made a brief introduction and an interpretation of the jurisdiction of the International Criminal Court, and then analyzes the order of attachment of the president of Sudan according to the current situation of the jurisdiction of the International Criminal Court. It also raises whether the International Criminal Court has legitimate right of jurisdiction to non-contracting states.The second part of the essay makes a further discussion of the jurisdiction to non-contracting states. It made a reasonable analysis of the International Criminal Court having jurisdiction to non-contracting states, transited from the reason of the International Criminal Court having no jurisdiction to those states.The third part inquired into the relationship between the International Criminal Court and non-contracting states. It predicted difficulties for the International Criminal Court to solve Sudan issue. Based on this, it then discussed the prospect of the International Criminal Court to cooperate with non-contracting states, including theoretical basis of their cooperation, practical activities and consequences if non-contracting states don’t cooperate.The last part of this essay mainly discussed the relationship between the International Criminal Court and China. After detailed analysis of the reason China opposed Rome Statute, it previewed the possible developments between the International Criminal Court and China.