Abstract

Following World War II Nuremberg and Tokyo International Military Tribunal trial of war criminals after the success of the former Yugoslavia and Rwanda, the international ad hoc criminal tribunals has successfully tried a non-international armed conflict constitutes a war crime. The international community in establishing the International Criminal Court, "the Rome Statute," the negotiation process, based on norms of war and armed conflict, customary international legal documents and international criminal justice practice, try and include non-international armed conflict under the jurisdiction of the International Criminal Court for war crimes become part of the country, "the Rome Statute," one of the reasons to vote against. In fact, the United Nations Security Council and in accordance with relevant international organizations, "UN Charter" provides an accurate definition of non-international armed conflicts, and strictly control the standards and rules of law applicable to non-international armed conflict as a war crime into the jurisdiction of the International Criminal Court differences should not lead to more internal. Since both Nuremberg and Tokyo Tribunals successfully prosecuted War Criminals after World War Two, both ICTY and ICTR successfully trialed war crimes in their non-international aimed conflict forms as well. During the negotiation of Rome Statute to establish the International Criminal Court, the international community tried to include non-international aimed conflict into war crimes within the ICC Jurisdiction, which led to certain states refuse to sign or ratify Rome Statute. However, if the UN Security Council and other international organs could follow the UN Charter to define the non- international armed conflict rigorously, as well as strictly apply the relative criterions, there would be not much disputes on seeing non-international armed conflict as war crimes covered by ICC jurisdiction