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Research On The Jurisdiction Of The International Criminal Court

Posted on:2019-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2416330566985294Subject:Law
Abstract/Summary:PDF Full Text Request
The International Criminal Court was the first permanent international criminal justice institution established in the Netherlands,and the establishment of the International Criminal Court marked a major development in the field of international criminal law and had a significant impact on the international community.The jurisdiction of the ICC is an important aspect of the operation of the International Criminal Court,and different countries have different views on it.This article discusses this from the following sections:The first part is the development of international criminal jurisdiction and the establishment of an international criminal court.After telling about the end of the first world war,the victorious country failed the trial of Kaiser Wilhelm II in accordance with the Treaty of Versailles,and then introduced the International Criminal Court from military tribunals.The evolution of mixed courts leads to a game between the national sovereignty factor and the effectiveness of international criminal jurisdiction.And through the consideration of the role of establishing an international criminal court,it further analyzes the contradictions and conflicts between national sovereignty and international criminal justice.The second part discusses the nature of the jurisdiction of the International Criminal Court and analyzes the starting mechanism of the jurisdiction of the International Criminal Court.It specifically stated the starting mechanism of the International Criminal Court,and introduced the different situations in which each subject initiated the jurisdictional mechanism.The focus of the prosecutor's independent investigation right is consistent with the UN's criminal justice principles and also meets the international community's efforts to combat international crime.need.At the same time,it studies the different views of several types of jurisdictional models and explores the natureof each kind of jurisdiction.Its essence represents the game of national sovereignty and the jurisdiction of the International Court of Justice.The third part deals with the relationship between China and the International Criminal Court.First,it analyzes the reasons for China's vote against the “Roman Statute” and the analysis of China's refusal to join the International Criminal Court.Then it should address China's issues in the International Criminal Court.Hold the position for analysis.In this paper,through the study and improvement of relevant issues of the International Criminal Court on the jurisdiction of the International Criminal Court,it expresses the prospect of China 's accession to the International Criminal Court with a view to finding a balance between national sovereignty and the international rule of law.Two aspects make preparations for China's accession to the International Criminal Court.
Keywords/Search Tags:International Criminal Court, State sovereignty, jurisdiction
PDF Full Text Request
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