On the International Criminal Court of the principle of complementarity

Paper Keywords: International Criminal Court
abstract principle of complementarity: the International Criminal Court is the world's first permanent international Criminal judicial body whose jurisdiction the principle of complementarity of international obligations relating to balance and coordination of national sovereignty; "Statute "For the principle of complementarity jurisdiction of a multi-level requirements; for the prosecutor repeated stArt the investigation, prosecution procedures and modify, add additional charges or to substitute more serious charges of power, restrictions should be the number and spacing of the control measures.

1 International Criminal Court the principle of complementarity
background and significance of human history, the International Criminal Court is held the first person permanent international criminal responsibility of international crime, criminal justice agencies. The court, "the Rome Statute of the International Criminal Court" (hereinafter referred to as "Statute") and its related documents sources of international law, known as "international law since the United Nations since the establishment of the most innovative and most exciting development." International Criminal Tribunal for the Former Yugoslavia and Rwanda, the jurisdiction of the International Criminal Tribunal for the difference is that the Statute of the International Criminal Court established the principle of complementarity of jurisdiction, the jurisdiction of the International Criminal Court is about as country-specific jurisdiction over the case of a supplement to avoid formed above the national sovereignty of the international judicial privilege. PArty to the Statute of the principles involved and non-pArties of the rights and obligations of the International Criminal Court and State Sovereignty in line between the development of basic norms of relations between Guoji Fa basic norms also become the "International Criminal Court jurisdiction over the issue of the most complex and most sensitive issue . " Theory and practice of the principle outcomes will be directly related to the International Criminal Court's reputation and effectiveness, accountability and the court determines the punishment "under the most serious crimes of international concern" personal criminal responsibility of the justice and legitimacy, as in the preamble to the Statute declared, "Resolved to guarantee lasting respect for and enforcement of international justice," spiritual touchstone.

The International Criminal Court since its inception less than 5 years, not only within the institutions (including the Presidency; Appeals, Trial and Pre-Trial Division; Prosecutor's Office; Registry) to be the working mechanism of adaptation, and its relationship with other countries ( including State and non-pArties), other international organizations (notably the United Nations and its Security Council) has yet to be further regulate the relationship and adjustment, so the inevitable need to go through a painful and protracted period of transition. Jurisdiction is necessary to reflect the scope of national sovereignty, and jurisdiction (especially criminal justice) is one of the most important manifestations. "Jurisdiction and national sovereignty is different in scope, but the question is the relationship between the two close; a country the right to exercise jurisdiction is based on its sovereignty." But, "in practice, jurisdiction is not a single concept, "" It relates to domestic law, but also related to international law. "Therefore, study and even the practice of the International Criminal Court's complementarity principle, should always uphold the balance of international obligations and the concept of national sovereignty, to to the International Criminal Court jurisdiction over another sovereign country complementary and good coexistence and sincere cooperation, justice and the supremacy of the realm.

2 International Criminal Court to add the provisions and requirements of the principle of
"Statute" reflects the preamble to the jurisdiction of the different aspects of the principle of complementarity. On the one hand, the preamble "Reaffirming" the United Nations ChArter, "the purpose and principles, in particular that all States shall refrain from the threat or use of force, or with the United Nations in any other manner inconsistent with the purposes, of any State's territorial integrity or political independence", and autonomy is a sovereign jurisdiction of integrity, an important symbol of political independence should be respected and given priority. On the other hand, the preamble "emphasizes this Statute shall be interpreted as permitting any State Party to intervene in the internal affairs of the armed conflict", that no State may use the International Criminal Court and credibility of deterrence, as unwarranted interference in the internal affairs of pretext and basis. Moreover, the preamble clearly "established under this Statute emphasizes the International Criminal Court shall be complementary to national criminal jurisdictions", and "Resolved to guarantee lasting respect for the enforcement of international justice", which declared: the principle of complementarity should be the jurisdiction of the International Criminal Court the basic principles of international justice and the exercise of jurisdiction must be the highest value target.


Same time, the "Statute" is further made about the operational requirements specified.

2.1 Prerequisites
under the "Statute" section l2 of the Ordinance, the International Criminal Court, a prerequisite for the exercise of jurisdiction, including the country should be automatically accepted the court "statute" referred to in Article 5 of jurisdiction over crimes party, or by a declaration to the Registrar, the voluntary acceptance of the Court to exercise jurisdiction on crimes related to non-parties. As the "Statute" Article 120 set a "zero retention" principle, if the domestic legal procedures by a State ratifying the Statute, to think that the country has fully understand and accept the International Criminal Court jurisdiction over certain crimes. Meanwhile, the International Criminal Court's jurisdiction does not of course take effect on non-parties, but in principle, should be voluntary in the country as a prerequisite (but there are exceptions), as complementary to national jurisdictions.

2.2
the admissibility of the principle of complementarity which is the jurisdiction of the judicial practice in the most direct expression. "Statute" Article l7, paragraph 1, the full attention and "take into account the preamble and paragraph 1 1O" (ie, the principle of complementarity) the importance of the Court shall determine that the case cited the following number of cases can not be accepted: ① the case have jurisdiction over the case is being investigated or prosecuted, unless the State is unwilling or unable genuinely to investigate or prosecute; ② state has jurisdiction over the case has already investigated the case and that the State has decided not relevant to prosecute the person, unless this decision is because the State is unwilling or unable genuinely to prosecute; ③ on the complaint because the person has been tried for conduct which, under the "Statute" at 2o, paragraph 3, the trial court may not; ④ case is not of sufficient gravity to take further action by the Court sufficient reason. As sovereign states over the International Criminal Court's jurisdiction for the defense.

2.3
admissibility of the question under the "Statute" the provisions of Article 19, the State has jurisdiction over the case to the investigation or prosecution is being or has grounds to challenge the case, or under section 12 shall require the acceptance of jurisdiction of the State, the right to the admissibility of the case questioned the jurisdiction of the court can also be questioned. If you challenge the above countries, the court concluded that pursuant to Article 17 made before, the Prosecutor shall suspend the investigation. Links to Research Papers Download http://www.hi138.com
2.4 Reservations and effective
Although scholars have pointed out: "For not on the" Statute "to make reservations (" Statute "section 102) of any State party, are automatically included in the Court of managed objects. ... ... In essence this is a voluntary compulsory jurisdiction. "However," the Statute "section 124 (transitional provisions) provides:" A State which becomes Party to this Statute may declare that, in the "Statute" the entry into force of the seven countries During the year, if its citizens accused of a crime, or someone accused of a crime in its territory, the country does not accept the Court on Article 8 (ie war crimes - the author note) above the jurisdiction of a class of criminal right. "and, in relation to criminal jurisdiction of the Court's entry into force of the amendment the way for the parties," the statute "has been largely adhered to the principle of complementarity of jurisdiction.


3 International Criminal Court and the principle of complementarity of the perfect way to
in the operating mechanism of the International Criminal Court, the Prosecutor is undoubtedly the most active and most active factor, the core powers of the international criminal case investigation and the right to sue. It is noteworthy, "the statute" gives the relevant provisions of the Public Prosecutor based on new facts and new evidence can be independently repeated the same case started the investigation, prosecution procedures of power and even Pre-Trial Chamber can modify, add additional charges or to substitute more serious allegations. Which to some extent, undermined the principle of complementarity of jurisdiction. Specified as follows:
First, according to "the Statute" Article 15 (Prosecutor), paragraph 4, to the provisions of paragraph 6, Pre-Trial Chamber in the review request and the supporting material, considers that the case appears to fall under the jurisdiction of the Court the case of the right, and there are reasonable grounds to investigate, should be authorized to initiate an investigation. Pre-Trial Chamber refused to authorize the investigation shall not preclude the Prosecutor after the light of new facts or evidence regarding the same situation with the request. Prosecutors make their own crimes within the jurisdiction of the Court began to investigate the information, and received a preliminary review of the information, considers that the information provided does not constitute a reasonable basis to proceed, shall notify the person providing information . This does not preclude the Prosecutor from considering the light of new facts or evidence submitted regarding the same situation for further information.

Second, under the "Statute" Article 19 (challenge the court's jurisdiction or the admissibility of the case) the provisions of paragraph 10, if the court decision under section 17 a case is inadmissible, the prosecutor found in certain denial of new facts determined under section 17, the original case is inadmissible basis, you can request a review of the decision.

Third, according to "the Statute" Article 61 (pre-trial confirmation of charges), when prosecutors have the power to modify or withdraw the charges: ① Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any allegations. ② Pre-Trial Chamber should be based on the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the alleged crime. Pre-Trial Chamber may suspend the hearing and request the Prosecutor to consider: further evidence for a particular charge or for further investigation; Amending a charge because the evidence submitted appears to establish a crime within the jurisdiction of the Court. ③ Pre-Trial Chamber refused to confirm a charge, the Prosecutor does not exclude other evidence later in the case once again asked to confirm the allegations. ④ After the charges are confirmed, but before the start of the trial, the Pre-Trial Chamber, after notice to the accused, the Prosecutor may amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, you must hold a hearing under this article confirm these allegations. After commencement of the trial, the Trial Chamber granted the Prosecutor may withdraw the charges.

Thus, the prosecutor the power to lead the International Criminal Court on a particular situation (cases) the uncertainty of the effectiveness of jurisdiction, and may therefore infringe on sovereign countries (including State and non-parties) exclusive of the case jurisdiction of the International Criminal Court undermine the principle of complementarity. In view of this, prosecutors need the power to appropriate restrictions to protect the suspect, the defendant's basic human rights, the procedures to achieve equal rights for both parties, and to some extent, alleviate the fears that prosecutors may abuse the tension. Therefore, we recommend the following restrictions: ① limited number of times. That is defined independent prosecutor to repeat the exercise of the same case, investigation, prosecution maximum number of starts right; if special circumstances should also be specifically authorized by Pre-Trial Chamber to be able once again to initiate an investigation, prosecution activities; the Pre-Trial Chamber must strictly follow the hearing proceedings to make a decision. Prosecutors charged to change the terms of the number of constraints also should be set, generally twice a suitable, to prevent the prosecution of randomness. ② limited time interval. That is defined independent prosecutor to repeat the exercise of the same case, investigation, prosecution intervals before and after starting lower right to avoid the fact is unclear, the case of insufficient evidence, prosecutors various pressures (especially political pressure), of a a sensitive situation (such as UN Security Council on the situation) often start an investigation, prosecution procedures to the International Criminal Court's impartiality and seriousness of the resulting negative impact. Links to Research Papers Download http://www.hi138.com