国际刑事法院管辖权行使的风险挑战与应对路径研究

This paper discusses in depth the risks and challenges in the exercise of the jurisdiction of the International Criminal Court (ICC) and the path of response, and analyzes the legal basis of the jurisdiction of the ICC, the history of its establishment, its scope and limitations, the ways of exercising it, the controversial issues and the direction of its future development. Through the interpretation of the Rome Statute of the International Criminal Court, this paper reveals the legal attributes and core elements of the jurisdiction of the International Criminal Court, and emphasizes that the International Criminal Court, in exercising its jurisdiction, should abide by the principles of "respect for national sovereignty", "non-interference in internal affairs", "moderation of criminal law", "non-interference in internal affairs" and "moderation of criminal law". It emphasizes that the International Criminal Court, in exercising its jurisdiction, should abide by the principles and rules of international law and criminal law such as "respect for national sovereignty", "non-interference in internal affairs", "principle of modesty in criminal law" and "principle of legality of crimes and penalties", etc.; it should not arbitrarily expand its powers to avoid becoming a "tool" for certain power politics to interfere in the internal affairs of other countries. "It should uphold the legality, legitimacy, independence and impartiality of the entire process of exercising jurisdiction. Through the analysis of some typical cases under the jurisdiction of the International Criminal Court (ICC), this paper exposes the deficiencies in the exercise of the jurisdiction of the ICC, and the excessive length of some trials, which has reached more than 10 to 20 years, which is not conducive to the protection of the lawful rights and interests of suspects, nor is it conducive to the demonstration of the effectiveness of the ICC in "punishing the most serious crimes". The International Criminal Court should clearly define the time limits for trials. The International Criminal Court should clearly define the time limits for trials, the time limits and the number of times suspects are to be detained, and should not impose "life imprisonment" before a verdict of guilty is reached. The triggering mechanism for the exercise of the jurisdiction of the International Criminal Court and the risks involved in its operation are explored. The ICC should improve its own applicable legal system, formulate a "positive complementary jurisdiction policy", actively promote the formulation of amendments to the Conditions of Crimes, refine the specific provisions of the Conditions of Crimes, and clarify the scope and conditions for the exercise of jurisdiction; accelerate the revision of the Rules of Procedure and Evidence and other operating rules in the new era, and optimize the scope and conditions of the Rules of Procedure and Evidence. Rules of Procedure and Evidence, optimize the "preliminary examination", "formal investigation", "collection and examination of evidence", "issuance and execution of arrest warrants", "arrest of suspects", "arrest of suspects", "arrest of suspects", and "arrest of suspects". In the "Preliminary Examination", "Formal Investigation", "Collection and Examination of Evidence", "Issuance and Execution of Arrest Warrant", "Custody and Safe Protection of Suspects", "Protection of Suspects' Right to Defense", and "Procedures for the Determination of Evidence in the Examination and Prosecution", "Procedures for the examination and determination of evidence at trial", etc., to enhance their operability and adaptability. This paper particularly emphasizes the role of the use of science and technology in the new era for the future development of the International Criminal Court. To improve the evidence collection technology of the ICC, blockchain technology can be utilized to ensure the authenticity and integrity of the evidence and enhance the credibility of the evidence; big data analysis technology and artificial intelligence technology can be utilized to quickly screen and analyze massive amounts of information, and new-age science and technology, such as online questioning (interrogation) retention technology, courtroom trial technology, and legal document electronic service retention technology, can be utilized to economize on trial resources and improve the efficiency of investigation, examination, and trial. investigation, examination and trial efficiency. At the same time, recommendations such as strengthening international cooperation, enhancing the recognition of the jurisdiction of the International Criminal Court, and seeking the effective support of sovereign States with a view to realizing the enhancement of the effectiveness of cases, the legal effect and the social effect are made with a view to providing a reference for the future development of the International Criminal Court.