International Criminal Court to explore related issues
Zhang Jie
Student ID : s06130
Research Paper Superviser : Dr. Sekou Conde
Minzhu University of China
2006-2007 Academic Year
The International Criminal Court was established in July 1, 2002 ??/span>it is the economy, politics, the rule of law against the backdrop of cooperation, countries in the world have paid great attention to the new things and major issues. Although China has not joined the "Rome Statute", but as the implementation of reform and opening up, to the rule of law and a responsible big developing country, has always paid close attention to the International Criminal Court, the creation and operation. A few days ago, " 'International Criminal Court topic' International Symposium" in the city of Haiku, Hainan Province held a grand opening, it is held by the Chinese People's University criminal law research center and the Asian Legal Resource Center co-sponsored, Hainan University, Southwest University of Political Science and Law Joint contractors. Domestic and international, theoretical and practical sector experts and scholars of criminal law attended the meeting, experts and scholars, made a lot of constructive opinions and rationalization.??/span>
1. The macro problem of the International Criminal Court
About the establishment of the International Criminal Court significance, some scholars have pointed out, "Rome Statute" historical significance embodied in the main: International Criminal Court reflect the idea of justice, peace and progress of The United Nations; played a punishing crime and the role of deterrence of crime; make up for the International Criminal Tribunal for the past limitations, vulnerability; promoting international criminal law theory and practice of research and development, among others.??/span>
On the International Criminal Court's impartiality issues, some scholars have pointed out that, International Criminal Court’s fair and justice is the key of establishment of efficient international criminal trials. International Criminal Court fair just mainly depends on the different stages of the trial.??/span>
On the relationship of International Criminal Court and the national courts, some scholars have pointed out, first, should understand that the relationship of International Criminal Court and the national courts is supplement and complement, secondly, International Criminal Court and the State Court of the relationship between the cooperative relations, finally, the International Criminal Court and the national courts of the relationship between the supervisory relationship. ??/span>
On international humanitarian law and international criminal court issue, some scholars have pointed out, International humanitarian law and international criminal court relations mainly embodied in the International Criminal Court, the development of the international humanitarian Act of clarity, international humanitarian law of the main challenges facing the implementation and accountability. However, until recently, the prosecution of the perpetrators are still relying on the state rather than international mechanisms for the prosecution, because without a permanent international criminal court. The International Criminal Court will be established to fill the major gaps.??/span>
On the International Criminal Court on the implementation of international criminal law impact, some scholars have pointed out; the establishment of the International Criminal Court is the history of the development of international criminal law, yet another milestone in international criminal law as well as having a major impact. Mainly reflected: (1) of the International Criminal Court, the International Criminal certain sound, will be conducive to improving the implementation of international criminal law the impartiality and independence; International Criminal Court on the establishment and operation of a deterrent to some of the potential of international crime, so as to achieve the general purposes of prevention. (2) of the International Criminal Court Treaty of the International Criminal implementation of the State party in the domestic implementation of an effective supplement; "Rome Statute" and the International Criminal Court to international criminal law in the domestic implementation will play a role in promoting; "Rome Statute" and the International Criminal Court will help the international criminal domestic implementation mechanisms for improvement.??/span>
2. Jurisdiction of the International Criminal Court issues
On the relationship between International Criminal Court and national sovereignty question, some scholars have pointed out that, Although the International Criminal Court's jurisdiction on the basis of national sovereignty, but some of its provisions are of the traditional concept of sovereignty breakthrough. Therefore, the jurisdiction of the International Criminal Court will lead to the establishment of the principle of national sovereignty "deviated from the" point of view. However, the jurisdiction of the International Criminal Court and national sovereignty there some conflict between, on the whole, they are compatible.??/span>
On the International Criminal Court's jurisdiction with the national criminal jurisdiction issue, some scholars have pointed out, Jurisdiction of the International Criminal Court and the national courts of criminal jurisdiction of the relationship between is a sovereign state criminal jurisdiction over the International Criminal Court's criminal jurisdiction, International Criminal Court jurisdiction of the state's criminal jurisdiction added. ??/span>
On the International Criminal Court jurisdiction over the nature of the problem, some scholars have pointed out, Jurisdiction of the International Criminal Court as the nature of performance : (1) from the jurisdiction of the functions of the angle, the International Criminal Court's jurisdiction of the International Criminal Court to investigate, prosecute, Jurisdiction in the integration of composite jurisdiction.
(2) From the jurisdiction purposes perspective, the jurisdiction of the International Criminal Court is a complementary jurisdiction, this supplemental jurisdiction applies not only to States, it applies to non-parties.
(3) The view from the jurisdiction of the International Criminal Court's jurisdiction is still a limited jurisdiction, not have universal jurisdiction features.
(4) With the "Rome Statute" for the exercise of jurisdiction of certain provisions of clarity, International Criminal Court's jurisdiction can be fraught with the scalability.
3. On the issue of international criminal responsibility
On the criminal responsibility of States, some scholars have pointed out, States are the main subjects of international law, as members of the international community, not only to enjoy the right under international law, should perform their obligations under international law. State or non-compliance with the competent authority, or violation of international law to fulfill the obligations of States set, for the illegal acts of state or internationally wrongful acts, international law sanctions, it undertake corresponding international responsibilities. ??/span>
On the International Criminal Court and international law on individual criminal responsibility, some scholars have pointed out, International crime individual criminal responsibility, means the International Criminal law, natural persons, legal persons, groups or organizations for the implementation of international crimes arising from the judiciary under the mandatory personal criminal penalties or purely negative evaluation of the legal burden.??/span>
4. On the problem of China's criminal law on the international criminal norms and practice.
Chinese Criminal Code on the norms of international criminal law, there are scholars who believe that, International criminal law theory, particularly its practice shows that the international criminal law regulating the role played in a certain range, to rely on the support of domestic criminal law. In order to meet the fight against international crime with the practical needs of the world stepped up punishment of international crimes of domestic legislation, To punish the crime of international law will provide a legal basis.
Some scholars with the International Criminal Court jurisdiction of the Criminal Law of China discussed the issue of universal jurisdiction. That the jurisdiction of the International Criminal Court is based on the principle of universal jurisdiction, by its very nature is a complementary jurisdiction. China to the "Rome Statute" voted against it clear that he did not accept the International Criminal Court's universal jurisdiction. So far, China's response to international crime only by the judiciary in China China's international treaty obligations within the scope of the exercise of jurisdiction right, and not recognize the International Criminal Court universal jurisdiction.
There papers discussed by Chinese and foreign criminal justice assistance treaties (agreements) of the contents. The paper pointed out that with the process of economic globalization is accelerating, China's accession to the World Trade Organization and China in the world, the role and impact of the increase. Chinese cooperation in the field of criminal justice to the growing demand, in order to ensure the criminal and judicial activities of the fair, efficiency, all parties to protect the legitimate rights and interests, China is necessary to a certain extent, beyond national criminal jurisdiction barriers, with the establishment of equality, mutually beneficial cooperation between criminal justice.
5. China and the international criminal court issue
On China and the International Criminal Court, there is the thesis that China, as permanent members of the UN Security Council and the largest developing country, active in the International Criminal Court, the creation process, but "the Rome Statute" was adopted by an overwhelming majority, China was the only vote against the seven countries in the world. China and the International Criminal Court is not only conflict with the relationship of mutual need. The Chinese government should consider selecting an appropriate time to join the International Criminal Court.
On the issue of the International Criminal Court should be the attitude of the papers presented, China should join the International Criminal Court to make active preparations International Criminal Court to reflect the establishment of the contemporary international community on developments in the field [...]
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