¿Qué puede hacer China para desarrollar en una mayor medida el Derecho Penal Internacional y la Justicia desde la perspectiva del Tribunal Penal Internacional?

摘要

The Rome Statute, as well as the International Criminal Court (ICC), regarded as a worldwide mechanism for the fight for impunity and a better protection of human rights, has 124 State parties up to date. China, however, is still not a party to the Rome Statute, mainly because of five reasons. This article looks for promoting the academic research on the Rome Statute and the ICC to clarify some confusion, and strengthening the Chinese domestic legislation to make use of the principle of complementary jurisdiction to exclude the jurisdiction of the ICC at largest. It is possible for China to be ready to access to the Rome Statute and take part in the ICC club in the future, which is also a contribution of China to the development of the international criminal law and justice.