国际刑事法院管辖权问题与研究.pdfVIP

日后加入国际刑事法院做好准备。 关键词：国际刑事法院；罗马规约；管辖权；补充性原则 Abstract Rome Statute of the International Criminal Court (ICC) has formally come into Power in 2002 and the first permanent internationale Strafgerictsbarkeit the International Criminal Court (ICC) has been established in Hague of Holland, and gets into work quickly. International Law especially the International Criminal Law has achieved a historic breakthrough in theory and practice, because of the ICC. And it is significant practice in this respect of fighting international criminals to safeguard the World Peace. According to the Rome Statute’s provisions the jurisdiction of the ， ICC will inevitably create conflicts to the state sovereignty. And the ICC will have jurisdiction over the non-party states under specific conditions. So it is controversial across countries. Although China has not acceded to the ICC, we can not ignore its importancebutrecognizeandunderstandtheICCnecessarily. This thesis will focus on the jurisdiction of ICC, discussing the issues of the jurisdiction of ICC, and analyzing advantages and disadvantages so that to make prepare for the future Chinese membership of this international criminal judge institution. This thesis has been divided into six parts. The first part introduces the background and process of the ICC establishment and makes clear the status and effect of the ICC. The second part analyses the principle of the ICC jurisdiction. On the analyses of the nature of the ICC jurisdiction, we know that the model of complementary jurisdiction is the best choice to balance the state sovereignty and judicial independence. The third part analyses the scope of validity of the ICC jurisdiction, which is consist of jurisdiction ratione temporis, jurisdiction ratione loci, jurisdiction ratione personae and jurisdiction rationae materiae. That is the