On November 2 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 voted abstention, while countries such as the United States, Russia, and Israel voted against the resolution.
China's Deputy Representative to the United Nations, Sun Lei, spoke during the general debate, stating that China has always valued the role of international criminal institutions in punishing serious international crimes and achieving judicial justice. Eighty years ago, the Tokyo Trials and the Nuremberg Trials 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 institutions, including the International Criminal Court, have been established, reflecting humanity's noble ideal and unremitting pursuit of maintaining peace through the rule of law.
Meanwhile, in recent years, some issues that have not been properly addressed during the establishment of the International Criminal Court have become more prominent. These issues include the court's jurisdiction, its relations with non-party states, and immunity for head of state officials. Some cases have had complex effects on regional stability and inter-state relations, leading to doubts about the court's politicization and double standards. It has been noted that since the beginning of this year, several party states have announced their withdrawal from the Rome Statute of the International Criminal Court. In this context, the court and all parties should thoroughly consider how to further improve its work and effectively gain the trust and support of the international community.
Sun Lei said that China has been fully involved in the negotiations of the Rome Statue. It has always advocated that the International Criminal Court should maintain an independent, objective, and fair stance. The Rome Statue and general international law should be interpreted comprehensively and in good faith. The principle of complementarity and the principle of international cooperation should be strictly adhered to. Politicalization and double standards should be avoided, so as to play a constructive role in upholding judicial justice and maintaining peace and stability.
Regarding jurisdiction, the Chinese side does not agree with the International Criminal Court having jurisdiction over nationals of non-participating states outside of situations handed over to the Security Council. The jurisdiction of the court stems from authorization by sovereign states. Jurisdicting over a state's nationals without the consent of that state violates the principle of state sovereignty and does not conform to the basic principles of treaty law. At the same time, the court should prevent undue expansion of jurisdiction.
Regarding the immunity from criminal jurisdiction of state heads, China believes that the provisions of Article 27 of the Rome Statute are only binding on the contracting states. They cannot change the obligations that contracting states owe to other countries under treaties or customary international law, namely the obligation to respect the immunity from criminal jurisdiction of state heads and other officials of third countries. The court should not issue requests that may lead to a state requesting country violating its obligations regarding third-country immunity, as this is also recognized by Article 98 of the Rome Statute.
Sun Lei emphasized that the different positions taken by various parties regarding the court clearly demonstrate that the court must fully respect the national sovereignty of all countries when performing its duties. We hope that the International Criminal Court will be able to effectively respond to the legitimate concerns of all countries, carefully examine the problems and lessons within its own operations, and contribute to international rule of law through practical actions.
On November 2, the United Nations General Assembly heard the annual work report submitted by Judge Rosalie Tréant, President of the International Criminal Court. Judge Tréant stated that the International Criminal Court is facing unprecedented sanctions and pressure, but the Court will continue to carry out its duties independently and impartially.
Due to US sanctions, Akane reported to the United Nations via video.
