International Criminal Court Jurisdiciton Launch And Non-contracting Party

As permanent international criminal justice institute unauthorized to govern sovereign countries, the International Criminal Court has attracted tremendous attention. The International Criminal Court’s trigger mechanism shall be the first problem to be solved by all sovereign countries considering if they join the International Criminal Court or not, so it is the most controversial issue which is discussed most intensely at diplomatic conferences in Rome. In drafting "Rome Statute", attempts were made to maintain a balance between common interests of international communities and national sovereignty to realize independent, fair and effective operation of the International Criminal Court while gaining great support from international societies, particularly sovereign nations. The trigger mechanism of the International Criminal Court covers general principles, subjects, premises, specific procedures and constraints of trigger. It is not only associated with the International Criminal Court’s initiation of investigation and prosecution process, but also involves the rights and obligations of contracting and non-contracting states as well as the relationships between the International Criminal Court and the United Nations Security Council, so it is the most complicated and sensitive among issues concerning the jurisdiction of the International Criminal Court. Among specific rules of "Rome Statute", the International Criminal Court may trigger the jurisdiction over the situation of non-contracting states. In present judicial practices, there have been multiple cases that the International Criminal Court has triggered the jurisdiction over the citizens in non-contracting states. Based on defining the International Criminal Court’s trigger mechanism and analyzing specific content of the system, this paper especially highlights and discusses the impacts of the trigger mechanism on non-contracting states’theories and judicial practices. In this paper, it’s pointed out that the International Criminal Court may activate jurisdiction to the citizens of non-contracting states in three cases. The fact that International Criminal Court exercises jurisdiction to citizens of non-contracting nations is quite rational, which should be recognized by the international community. Simultaneously, as "Rome Statute" designs the entire jurisdiction system, there is also a possibility that non-contracting nations would avoid the International Criminal Court’s exertion of jurisdiction right. Along with the continuous development of the international human rights movement, the practice of the International Criminal Court activating jurisdiction to citizens of non-contracting nations is bound to further develop and get enriched. For the non-contracting nations, in the current international political environment, to rationally utilize the rules of "Rome Statute" rules, to fully exploit the different functions of the Security Council and the International Criminal Court, and then to seek for the national interests, is the realistic strategy.