向国际刑事法院移交人犯问题研究

A Research on Problem Concerning Surrendering Criminals to ICC

国际刑事法院的移交制度有别于国家间的引渡制度,有其独特之处。各国在与国际刑事法院开展移交合作的过程中,既遵循一些共同的规则,也有一些不同的做法。我国虽然尚未加入《国际刑事法院罗马规约》,但也可能会遇到与向该法院移交人犯有关的合作问题,因此有必要在了解移交制度基础上,参考借鉴其他国家的做法,研究我国处理类似问题的法律对策。

The surrender system of the International Criminal Court presents some unique aspects which are quite different from the extradition system between countries. During the course of cooperating with the International Criminal Court in carrying out/developing surrender system, some common rules are followed by all countries but different practice unavoidably appears. Although our country has not signed the Rome Statue of the ICC, it is likely for us to encounter some problems in cooperation concerning surrendering criminals. In order to find legal solutions to those similar/above-mentioned problems, it is necessary for us to acquire some basic knowledge of the surrender system and take other countries＇ practice for reference.