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The Research On The Jurisdiction Of The International Criminal Court

Posted on:2015-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2296330467953974Subject:Law
Abstract/Summary:PDF Full Text Request
The establishment of The International Criminal Court, making a significantimprovement in the process of the international rule of law, particularly in the field ofinternational criminal law. More and more countries become parties to the Romestatute of the international criminal court (ICC)(hereinafter referred to as "the Romestatute"), shows its influence in the international society gradually strengthened. Oneof the biggest problems in establishing the ICC is how to define the jurisdiction of theICC. And so on, has led to intense controversy. But we can’t deny that theinternational criminal court as a special international criminal judicial institution playsan active role, in the current criminal judicial field and has irreplaceable importantposition in the international community.In this issue, the writer states the concept and characteristics and foundation ofthe jurisdiction of ICC, then from the theoretical aspects of the jurisdiction of ICC, aswell as the practical level, to better interpret the essence of the international criminalcourt jurisdiction. Tries to summarize the essence of the international criminal courtjurisdiction, and find out the deficiency existing in the current, perfect Suggestions areput forward. This paper divided into introduction, text and epilogue, the text isdivided into four chapters,The first chapter is the brief introduction of the jurisdiction of ICC. This paperexpounds the creation process and the role of ICC, the concept and characters of the jurisdiction of the international criminal court to sum up; the establishment of thecourt of jurisdiction is analyzed emphatically, including sovereignty and thecomplementary jurisdiction.The second chapter analyzed the entity rules and procedural rules of the Romestatute of international criminal court jurisdiction. Among them, the entity aspectanalyses the jurisdiction on the object and the jurisdiction of the crime, mainlyintroduced the supplementary administration principle, especially the Preconditions tothe exercise of jurisdiction, Issues of admissibility, and Exercise of jurisdiction.The third chapter selected two cases, as the situation in Kenya and in Sudan’sDarfur situation. Through the introduction of the cases, the focus of the controversialissues and basis and reason of court’s establishing its jurisdiction were analyzed, thusto understand the international criminal court jurisdiction movement mechanism froma practical level.The fourth chapter analyzes the existing problems, and on this basis, put forwardthrough the establishment of neutral institutions, strengthens cooperation with thedomestic court to compensate for the shortages of the Rome statute of jurisdictionrules.
Keywords/Search Tags:ICC, Jurisdiction, the supplementary administrationprinciple
PDF Full Text Request
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