Research On Complementary Jurisdiction Of International Criminal Court

Entered into force in 2002 of the Rome Statute of the International Criminal Court established by the complementary jurisdiction, while upholding the principles of national sovereignty and the fight against "the most serious crimes of concern to the international community as a whole" the product of a compromise, is the cornerstone of international criminal court run. Jurisdiction of the International Criminal Court, not in the general sense of universal jurisdiction, but stressed that in upholding the jurisdiction of domestic courts had priority under a complementary jurisdiction for serious international crimes. In the Rome Statute of the International Criminal Court on the restrictive regulations of the International Criminal Court’s jurisdiction, only when a country Governments obviously have "unwilling" or "unable to" the serious international crimes in jurisdiction of domestic cases, the jurisdiction of the International Criminal Court can be started. When a country’s domestic courts of failing to prosecute international crimes in their countries, the International Criminal Court exercise supplemental jurisdiction to these serious criminal offences, to ensure that the major international criminal suspects are brought to justice. Determine if there are "unwilling" or "unable to" criteria, the relevant provisions of the Rome Statute is not very clear, but in practice run complementary jurisdiction of the International Criminal Court has encountered many obstacles. Although China actually participated in the process of development of the Rome Statute and, of course, put forward many constructive proposals, and in the Rome Statute also borrows heavily from recommendations in China, but because the Chinese nature of the jurisdiction of the International Criminal Court have their own reservations, that China has not signed the Rome Statute. But given the current deepening international cooperation, as well as growing international crime, the International Criminal Court will play an increasingly important role, not eager to study the complementary jurisdiction of the International Criminal Court, is necessary in the field of international judicial cooperation are tied. So, this article is from the provisions set out in the Rome Statute, combined with international cases, gradually effected, a deeper understanding of the substance of the jurisdiction of the International Criminal Court, seeking the International Criminal Court’s jurisdiction applies to the new ways and measures to be taken by Government Statute, and to promote China’s early accession to the Rome Statute. Paper author will from five a part on the International Criminal Court play its role of cornerstone--complementary jurisdiction right be discussion, first part understand international criminal jurisdiction right of development process, complementary jurisdiction right of defined and features and on its produced of meaning for value analysis; second part is for International Criminal Court complementary jurisdiction right can by rational of conditions for explore, looking for International Criminal Court criminal jurisdiction right of according to; The third part is the case analysis about application of the complementary jurisdiction of the international criminal court part is to explore the complementary jurisdiction of the international criminal court existed problems and solutions; and, finally, author comprehensive full-text content on China will be how to deal with complementary jurisdiction and the feasibility of China’s accession to the Rome Statute.I will from five a part on the International Criminal Court play its role of cornerstone--complementary jurisdiction right be discussion, first part understand international criminal jurisdiction right of development process, complementary jurisdiction right of defined and features and on its produced of meaning for value analysis; second part is for International Criminal Court complementary jurisdiction right can by rational of conditions for explore, looking for International Criminal Court criminal jurisdiction right of according to; The third part is the case analysis about application of the complementary jurisdiction of the international criminal court part is to explore the complementary jurisdiction of the international criminal court existed problems and solutions; and, finally, author comprehensive full-text content on China will be how to deal with complementary jurisdiction and the feasibility of China’s accession to the Rome Statute.