According to CCTV News, on November 2nd local time, the 81st United Nations General Assembly voted to pass a resolution regarding the annual report of the International Criminal Court. The draft resolution received 93 votes in favor, 13 votes against, and 36 abstentions. China abstained, while countries such as the United States, Russia, and Israel voted against the resolution.
Chinese Deputy Representative to the United Nations, Sun Lei, spoke during the general debate, saying that China has always attached great importance to the role of international criminal judicial institutions in punishing serious international crimes and achieving justice. Eighty years ago, the Tokyo Trial and the Nuremberg Trial conducted fair trials of war crimes committed during World War II through strict procedures, solid evidence, and sound legal principles, laying a solid foundation for the development of international criminal law. Since then, several international criminal judicial institutions have been established, including the International Criminal Court, reflecting humanity's noble ideal and unwavering pursuit of maintaining peace through the rule of law.
He said that, in recent years, some issues that have not been properly resolved during the establishment of the International Criminal Court have become more prominent. In particular, issues such as the court's jurisdiction, its relations with non-party states, and immunity for head of state officials have sparked many disputes. Some cases have had complex impacts on regional stability and international relations, leading to questions about the politicization of the court and its use of double standards. The Chinese side has noted that since this year, several party states have announced their withdrawal from the Rome Statute of the International Criminal Court. Against this backdrop, the court and all parties should thoroughly consider how to further improve the work of the court and truly earn the trust and support of the international community.
China has been fully involved in the negotiations regarding the Rome Statute. It has consistently advocated that the International Criminal Court should maintain an independent, objective, and fair stance. The Court should interpret the Rome Statute and general international law in a comprehensive and goodwill manner, strictly adhere to the principle of complementarity and international cooperation, avoid politicization and double standards, and play a constructive role in upholding judicial justice and maintaining peace and stability.
He said that regarding jurisdiction, China does not agree with the International Criminal Court having jurisdiction over nationals of non-party states beyond what is transferred to the Security Council. The jurisdiction of the court stems from authorization by sovereign states; attempting to govern the nationals of non-party states without their consent violates the principle of national sovereignty and does not conform to the basic principles of treaty law. At the same time, the court should prevent improper expansion of jurisdiction. Issues such as the court continuing to exercise jurisdiction after the relevant state withdraws from the Rome Statute, or claiming jurisdiction merely because some elements of the criminal acts occurred within the territory of a party state, have caused significant international controversy, and the court should seriously reflect on these issues.
Various parties’ different positions regarding the court clearly demonstrate that the court must fully respect the national sovereignty of all countries in its functions. We hope that the International Criminal Court will effectively respond to the legitimate concerns of various countries, carefully examine the problems and lessons in its own operations, and contribute to international rule of law through practical actions.
