No, China is not a State Party to the Rome Statute of the International Criminal Court (ICC).
Despite having played a very active role in the drafting process of the Rome Statute, China ultimately chose not to support its adoption. This decision means China is not bound by the treaty that established the International Criminal Court and its jurisdiction over the most serious international crimes.
China's Position on the Rome Statute
China's historical engagement and current stance regarding the Rome Statute can be summarized as follows:
- Active Participation in Drafting: China was significantly involved in the diplomatic conference that led to the creation of the Rome Statute. Its delegates contributed to the discussions and negotiations surrounding the foundational document of the International Criminal Court.
- Vote Against Adoption: Despite its active role in the drafting process, China was one of only seven states that cast a vote against the adoption of the Rome Statute in 1998. This vote signified its refusal to become a signatory or ratifying state.
- Non-State Party Status: As a result of its vote against and subsequent non-ratification, China remains a non-State Party to the Rome Statute. This means it has not formally accepted the jurisdiction of the ICC.
Implications for Non-States Parties
For countries like China that are not State Parties to the Rome Statute, the direct jurisdiction of the International Criminal Court generally does not apply. However, there are specific circumstances under which the ICC can exercise jurisdiction:
- UN Security Council Referral: The United Nations Security Council, acting under Chapter VII of the UN Charter, can refer a situation to the ICC, even if it involves a non-State Party. China, as a permanent member of the Security Council, holds veto power over such referrals.
- Acceptance of Ad Hoc Jurisdiction: A non-State Party may, in exceptional cases, choose to accept the ICC's jurisdiction on an ad hoc basis for specific crimes committed on its territory or by its nationals. This is rare and typically initiated by the non-State Party itself.
In essence, while China was deeply involved in shaping the foundational document of international criminal justice, it ultimately chose to remain outside the formal framework of the International Criminal Court.
