Research On The Jurisdictional Issues Of The ICC

The establishment of the International Criminal Court(ICC) symbolized that the human being make a great leap in the direct application of International Criminal Law. On one hand, it can bring about global fairness and justice through the punishment of the international crimes, and it can maintain the peace and security of the world. On the other hand, it can enrich the contents of the International Criminal Law, and it can accelerate the development of the theory of the International Criminal Law. We did not join the ICC, but the study of the ICC can help us put the relation between our county and the ICC or its members into good order, so that we can strengthen the cooperation of our countries and can punish and prevent the international crimes and transnational crimes more effectively.The jurisdiction of the ICC is a very important issue. It was the most disputable issue during the discussion of the Rome Statute of the ICC. It can affect the nature of the ICC and the universality of the acceptance by the countries. The Statute had been passed, but the issues remained unsolved. It is under these circumstances that the author concerns the jurisdictional issues of the ICC, through which we can grasp the nature of the ICC. Then the author can give some suggestions to these issues.Firstly, the author gave the brief account to the jurisdiction of the ICC on the whole. The author thinks that it is different between the power of the jurisdiction and the exercising of the jurisdiction. And the jurisdictional issues of the ICC include the subject matters of the jurisdiction and the procedural matters of the jurisdiction. So, the jurisdiction of the ICC means the power of the ICC to the very persons who committed the very crimes at the very time and the distribution of the power of the very cases. After that, the author analyzed the source of the jurisdiction of the ICC and the ground of its exercising. The transference of the power of the states forms the jurisdiction of the ICC. It is the result of the cooperation between the states who want to deal with the international crimes. It reflects the purposes of the countries. The exercising of the jurisdiction of the ICC should base on the rules which were fixed in the Statute and the laws of the states. The jurisdiction of the ICC means very important significances to the ICC itself, to the members of the Statute, to the whole international society and to the victims, the perpetrators and other persons.Secondly, the ICC only has the jurisdiction over the natural persons who are 18 years old, excluding the legal persons and the states. During the discussion of the Statute, it was disputable that if the ICC could have the jurisdiction over the legal persons. The author thinks that it is not necessary. Similarly, the author also thinks that the ICC should not have the jurisdiction over states. The Statute stipulated that the ICC could sue the persons whenever they committed the crimes and no matter how long the commitment had been passed. But the author thinks that it is not reasonable neither to the preventing of the crimes nor to the effective use of the limited judicial resources. With regard to the crimes within the jurisdiction of the ICC, the author analyzed the relative issues, summarized the characters of the international crimes. Then the author thinks that the ICC should enlarge its jurisdiction. Besides the four crimes stipulated in the Statute, the ICC should also have the jurisdiction over the international terrorism crimes and the crimes about the environment.In the last section of the paper, the author analyzed why there were conflicts of jurisdiction between the states and the ICC. The Statute provided a method to solve the conflicts. But it was criticized by many scholars. The author defended the method and thinks that it is understandable under such political circumstances. Then the author summarized the characters if the jurisdiction of the ICC. According to the Statute, the members of the ICC, the Security Council and the prosecutor have the power to trigg...