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国际刑事法院管辖权是否可以由检察院自行启动,从制定《罗马规约》一开始就备受争议,在订立《罗马规约》的谈判过程中,支持者和反对者各执一词。虽然最后在罗马规约的正式文本中确立了检察官自行调查是国际刑事法院管辖权启动的三种方式之一,但为中国、美国等国家所诟病,也是中国拒绝加入国际刑事法院的重要原因之一。研究检察官自行提起调查从而引发国际刑事法院管辖权的制度构架以及其在实践中容易遇到的问题,有助于进一步理解该制度的设立目的及实践效果。
Whether the jurisdiction of the International Criminal Court can be started by the Prosecutor’s Office itself is controversial from the very beginning of the formulation of the Rome Statute. During the negotiation of the Rome Statute, both the supporters and the opponents stood up. Although it was finally established in the official text of the Rome Statute that prosecutors conducted their own investigations as one of the three ways in which the jurisdiction of the International Criminal Court was initiated, criticisms by China, the United States and other countries are also important reasons for China’s refusal to join the International Criminal Court one. To study the institutional framework of the Prosecutor’s investigation initiated by himself and thus triggering the jurisdiction of the International Criminal Court and its problems that are easy to encounter in practice help to further understand the purpose and practical effect of the establishment of the system.