Although, international criminal Court based on article 5, subject 1 of its statute, has jurisdiction to investigate war crimes, but it is a complementary, and primary jurisdiction, is special for municipal courts of countries. Municipal courts of countries for investing war crimes, according to crime which was happened in their territory and guilty or victims is their citizen or not, have different principal jurisdiction like, territorial, nationality and universal jurisdiction. Today there is no substantive and procedure limitation. Today, a criterion of realization for internal armed conflicts which is bed of war crimes is much higher than second additional protocol criteria and conforms to existing criteria of international judicial precedent and laws of international criminal law’s statute. Lack of adding nations to four Geneva conventions and additional protocols and also lack of independent criminalization for war crimes in internal law of countries would not prevent municipal courts to investigate.