International Criminal Court Research

Author: Wang Xiumei
Publisher:
Publishing Date: 2002-01-01
Features: This book is divided into eight chapters, tracing the historical development of the International Criminal Court (ICC). It provides an in-depth and detailed study of fundamental and important issues such as the basic principles of ICC operations, the exercise of jurisdiction, the bearers of criminal responsibility, and international criminal cooperation. The book offers a comprehensive and systematic discussion of the theoretical issues involved in establishing the ICC, particularly providing insightful analysis of the core issue of sovereignty, which is of common concern among nations in establishing the ICC. The author has extensively referenced a large volume of literature and primary sources, interpreting the fundamental and core issues in the establishment and operation of the permanent ICC from historical and realistic, as well as theoretical and practical perspectives. The author argues that historical international criminal trials have demonstrated various shortcomings due to the lack of systematic organizational structures and operational principles and models. While contemporary international criminal trials have seen improvements, they remain constrained by historical shadows and geographical limitations, making the creation of a permanent ICC an inevitable development of history. To ensure the effective operation of the permanent ICC, the principles of respecting state sovereignty and protecting human rights are indispensable. To embody the spirit of these principles, the relationship between the jurisdiction of the ICC and state jurisdiction must be parallel, and the jurisdiction of the ICC, in a sense, compensates for the shortcomings of national criminal jurisdiction. At the same time, the author attempts to break the traditional concept of individual criminal responsibility under international law, exploring the possibility of groups or organizations, and even states, bearing criminal responsibility. Furthermore, the author emphasizes that the key to combating international crimes and safeguarding human peace, development, and well-being lies in strengthening international criminal judicial cooperation and assistance.