论文部分内容阅读
一个普遍性、常设性的国际刑事法院在走过充满荆棘的道路后于2002年诞生,《国际刑事法院罗马规约》尽管还未尽人意,但在核心问题上已取得了进步。凡符合国际刑事法院管辖前提要件的犯罪不论是由缔约国公民还是非缔约国公民实施的,国际刑事法院都有管辖权。《规约》还把国际刑事法院管辖的犯罪从传统的犯罪类别发展到了反人性的新犯罪类别。《规约》创立了国际刑事管辖权补充国内刑事管辖权的模式,在联合国安理会和国际刑事法院的检察官之间达成了平衡,在对国际刑事法院诉讼程序的规定中溶入了对抗制和审问制的要素。此外,国际刑事法院的成立对刑法和跨部门法学的发展也起到了一定的积极作用。
A universality and standing International Criminal Court was born in 2002 after going through a thorny road. The Rome Statute of the International Criminal Court, although still not satisfactory, has made progress on the core issues. Where crimes committed in conformity with the preconditions of the ICC are enforced by citizens of Contracting States or citizens of non-Contracting States, the International Criminal Court has jurisdiction. The Statute has also evolved the crimes governed by the International Criminal Court from the traditional category of crimes to a new category of crimes against humanity. The Statute, which created the model for international criminal jurisdiction to complement domestic criminal jurisdiction, balanced the prosecutors of the Security Council and the International Criminal Court and incorporated adversarial and interrogation provisions into the ICC proceedings System of elements. In addition, the establishment of the International Criminal Court also played a certain positive role in the development of criminal law and inter-departmental law.