Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
612-822-4611

  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The ICC and China.: The Principle of Complementarity and National Implementation of International Criminal Law.

The ICC and China.: The Principle of Complementarity and National Implementation of International Criminal Law.

Zhao, Chenguang

Paperback

Series: Schriftenreihe Des Max-Planck-Instituts Fur Auslandisches Und Internationales Strafrecht. Reihe G: S, Book 25

General Law

Currently unavailable to order

ISBN10: 342815195X
ISBN13: 9783428151950
Publisher: Duncker & Humblot
Published: Jul 26 2017
Pages: 245
Weight: 0.74
Height: 0.61 Width: 5.91 Depth: 8.81
Language: English
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.

Also in

General Law

View All