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Study On The Jurisdiction Of The International Criminal Court

Posted on:2020-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:L AFull Text:PDF
GTID:2436330623953610Subject:Law
Abstract/Summary:PDF Full Text Request
The formal establishment of the International Criminal Court in 2002 effectively promoted the trial of international criminal offences.This move is an important step in the field of international law.As of today,the number of States parties to the Rome Statute has exceeded 120,which shows the international status and recognition of the International Criminal Court.The Convention stipulates the jurisdiction of the International Criminal Court,which governs the most serious crimes in the international community.The International Criminal Court has played a function and role in punishing international criminal offences and protecting human rights.It is foreseeable that in the future,its status will become higher and higher and become one of the important institutions for maintaining world peace.The issue of jurisdiction has always been a core issue of the courts,and the International Criminal Court is no exception.Since its establishment,a series of international criminal cases have been tried,including the trial of the situation in Darfur,Sudan.Focusing on the jurisdiction of the International Criminal Court,this paper analyzes the situation and limitations of the International Criminal Court and proposes corresponding suggestions.The full text is divided into four parts.The first part is “The Jurisdiction of the International Criminal Court – taking the Darfur situation in Sudan as an example”.In this part,it mainly analyzes the origin and focus of the situation,and expounds the basis and reasons for the jurisdiction of the International Criminal Court.And the situation is evaluated accordingly.The second part is “the theory of the jurisdiction of the International Criminal Court”.This section analyzes the crimes under the jurisdiction of the International Criminal Court,including genocide,crimes against humanity,war crimes,and analyzes the three ways in which the International Criminal Court initiates jurisdiction,in addition to the State party's submission,including the situation submitted by the Council.The prosecutor initiates jurisdiction;in addition to this,supplementary jurisdiction has been studied,primarily four conditions that must be met in the exercise of that jurisdiction.The third part is “Overview of the Jurisdiction of the International Criminal Court”.In this section,it is clarified that the jurisdiction is a unity of legislation,judiciary and compulsory jurisdiction on criminal offences,analyzing the attributes ofthe International Criminal Court,including the compulsory jurisdiction of the International Criminal Court,parallel jurisdiction,and jurisdiction over litigation;The basis for the exercise of jurisdiction is analysed,including the time effectiveness,space effectiveness and personal effectiveness of the jurisdiction of the International Criminal Court.The fourth part is "Thoughts and Suggestions on Improving the Jurisdiction of the International Criminal Court." In this part,it is mainly discussed from two aspects.The first aspect is based on the analysis of the limitations of the jurisdictional rules of the International Criminal Court: limitations of jurisdiction initiation,the limitations of admissibility;the limitations of jurisdiction;The aspect is based on the limitations of the corresponding recommendations: weaken the restrictions on the initiation of jurisdiction,improve the optimization of the operational aspects of admissibility,broaden the scope,in order to make up for the limitations of the rules,to contribute to the development of the International Criminal Court.
Keywords/Search Tags:International Criminal Court, Jurisdiction
PDF Full Text Request
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