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Jurisdiction of the International Criminal Court

Author: DuanQiuYan
Tutor: XinBaiChun
School: Heilongjiang University
Course: Legal
Keywords: International Criminal Court Jurisdiction Principle of complementarity Rome Statute
CLC: D997.9
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract


The establishment of the International Criminal Court means that from then on, the international community will never allow the serious international crimes anymore. These crimes will be punished, even if they are the heads of states or the officers of the military trips. The official status will not be an excuse of immunity. The International Criminal Court to be truly effective, its jurisdiction is undoubtedly a core element. According to the stipulation of the“Rome Statute”, the International Criminal Court to the international community the most serious crimes of concern, namely genocide, crimes against humanity, war crimes and crimes of aggression and other crimes have jurisdiction over four categories designed to make these most serious crimes impunity for the perpetrators to help prevent these crimes.This paper will focus on the topic of the jurisdiction of the International Criminal Court and take the principle of complementarity as the emphasis of the research, Furthermore, this paper will also discuss the relationship between China and the International Criminal Court. Therefore, this paper will be divided into four parts: The first chapter describes the development of the establishment of the International Criminal Court, to use the historical background to explain the establishment of the jurisdiction of the International Criminal Court. The second chapter will discuss the basic issues of the International including the characteristics of the jurisdiction, the crimes under the jurisdiction of the International Criminal Court, and the mechanism to start the jurisdiction of the International Criminal Court. The third chapter focuses on the most important features and also the controversial issue of the International Criminal Court, i.e. the principle of complementarity. There will be a introduction of the principle of complementarity, and will focus on some disputes on this principle and give a brief comment. On the basis of the previous research, the fourth chapter will discuss the relationship between China and the International Criminal Court. To analyze the reasons of why China refuses to join the International Criminal Court, at the some time to give some feasible proposals for China to discuss in the future.

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CLC: > Political, legal > Legal > International law > International Criminal Law
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