An Analysis Of The Issue Of The International Criminal Court's Exercise Of Jurisdiction Over Non-parties

The prosecutor has begun the preliminary investigation procedure since 2003,covering more than 20 countries such as democratic Congo,Sudan,Ukraine,Afghanistan and Palestine.In addition to North America and Oceania,countries in other continents are included in the scope of court examination.The subjects of investigation include nationals of both parties and non parties.The indictees range from the head of state(such as Bashir and Gbagbo),to the Minister of the interior(Harun and Hussein)and the military commander(Lubanga).Of all the situations under examination,10 were in non parties,namely,Bangladesh / Myanmar situation,Afghanistan situation,Philippines(South China Sea)situation,Iraq / Britain situation,Sudan Darfur situation,Libya situation,Ivory Coast situation,Palestine situation,Egypt situation and Ukraine situation.Some cases were initiated by the prosecutor,some were by the prosecutor's initiation after non-state parties declared that it accepted the jurisdiction of the court,some were submitted by the State Party,and some were submitted by the Security Council through a resolution.No matter how these situations start,a series of legal problems have arisen,which has aroused extensive discussion during the international legal community.This paper focuses on the existing practice of jurisdiction over non-party States(represented by the situation in Darfur,Sudan),analyzes the specific problems existing in the court's exercise of jurisdiction and attempts to explore the root causes of these problems,whether there are defects in the way of starting,or the non-party States under jurisdiction do not cooperate with other State parties,or the way in the jurisdiction of criminal court has problems? On this basis,the author tries to make predictions and prospects on the jurisdiction over non-party states!...