China and the International Criminal Court by Dan Zhu

Author:Dan Zhu
Language: eng
Format: epub
Publisher: Springer Singapore, Singapore

6.1.4 Crimes Against Humanity and Human Rights Issues

Without a linkage to armed conflict, China maintained ‘many actions listed under that heading of the crimes against humanity belongs to the area of human rights rather than international criminal law’.141 It further explained thatin listing specific acts constituting crimes against humanity, the Statute added a heavy dose of human rights law. Hence, crimes against humanity as defined in the Statute represented “new wine in old bottles”. His delegation believed that what the international community needed at the current stage was not a human rights court but a criminal court that punished international crimes of exceptional gravity . The injection of human rights elements would lead to a proliferation of human rights cases, weaken the mandate of the Court to punish the most serious crimes and thus defeat the purpose of establishing such a court.142

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