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The ICC and China - The Principle of Complementarity and National Implementation of International Criminal Law (Paperback)
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The ICC and China - The Principle of Complementarity and National Implementation of International Criminal Law (Paperback)
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A disconnection has historically existed between international and
domestic justice. In China, international justice and domestic
justice were long treated as two autonomous yet interconnected
systems, akin to the concept of Yin and Yang. With the
establishment of the International Criminal Court (ICC) in 2002,
the two systems began to increasingly work in tandem. The principle
of complementarity is one of the cornerstones of the ICC's
architecture, according to which states have primary jurisdiction
over the ICC. So long as the legal system of a state can
efficiently investigate and prosecute the core international crimes
prohibited in the Rome Statute, the ICC will not intervene.
However, if a state is unwilling or unable to investigate and
prosecute these crimes, the ICC will invoke the principle of
complementarity to step in. Thus, the principle of complementarity
has an impact on the national implementation of international
criminal law, as well as on its exercise of jurisdiction in many
aspects, including for third party states. As a third party state
to the ICC, China has ratified a number of international
conventions, including those on genocide and torture; China is
therefore obliged to prosecute these international crimes by
implementing these international conventions into national law.
However, the core crimes have thus far not been incorporated into
Chinese criminal law. This research work focuses on the possible
impact of the principle of complementarity on the implementation of
international criminal law in China as a third party state and the
future prospects of the relationship between China and the ICC
based on this analysis. By so doing, it aims to contribute to the
discourse on complementarity for both scholars and practitioners.
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