Study on the interpretation of the Statute of the International Criminal Court

从刑法的角度来看，《国际刑事法院规约》存在各种问题，如(1)国际刑事法院管辖的罪行，(2)对这些罪行的处罚，(3)国际刑事法院的管辖权，(4)刑法一般原则，(5)程序和证据规则，(6)国际合作和司法协助。在下列情况下，法院可对这些罪行行使管辖权：(1)缔约国将似乎犯下此类罪行的情况移交检察官，(2)安全理事会将这种情况移交检察官，或(3)检察官已就此类罪行启动调查。前南斯拉夫问题国际刑事法庭(前南问题国际法庭)是根据安全理事会的决定设立的，起诉1991年以来在前南斯拉夫境内犯下严重违反国际人道主义法行为的责任人，并有权优先于国家刑事司法管辖区行使管辖权，国际刑事法院是根据公约设立的常设国际刑事法院，以补充国家刑事管辖权的方式行使管辖权。

From the viewpoint of criminal law, there exist various issues on the Statute of the International Criminal Court (ICC), such as (1) the offences over which the ICC has jurisdiction, (2) penalties imposed on these offences, (3) jurisdiction of the ICC, (4) general principles of criminal law, (5) rules of procedure and evidence, (6) international cooperation and judicial assistance.The Court has jurisdiction over genocide, crimes against humanity war crimes and the crime of aggression, although it shall exercise jurisdiction over the crime of aggression once a provision is adopted defining the crime. The Court may exercise its jurisdiction with respect to these crimes if : (i) A situation in which such crimes appear to have been committed is referred to the Prosecutor by a State Party, (ii) Such situation is referred to the Prosecutor by the Security Council, or (iii) The Prosecutor has initiated an investigation proprio motu in respect of such crimes.While the International Criminal Tribunal for the former Yugoslavia (ICTY) was established by the decision taken by the Security Council to prosecute persons responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991, and is authorized to exercise its jurisdiction with priority to national criminal jurisdictions, the ICC is a permanent international criminal court established by a convention, and exercises its jurisdiction in a complementary manner to national criminal jurisdictions.