President,

China has always supported the fight against and punishment of serious crimes that threaten international peace and security. We attach great importance to the role played by the International Criminal Court in punishing the most serious international crimes, and achieving justice. Regarding the review of the crime of aggression under the Rome Statute, we would like to emphasize the following positions:

First, the revision of and jurisdiction over the crime of aggression must fully respect the sovereignty and jurisdiction of non-State Parties. According to the Vienna Convention on the Law of Treaties, “a treaty does not create either obligations or rights for a third state without its consent.” Therefore, the Court should not exercise jurisdiction over acts of aggression allegedly committed by nationals of non-State Parties or State Parties that have not accepted the amendments, or acts of aggression allegedly committed within the territories of such states.

Second, the review of the crime of aggression should not affect the functions and authorities of the Security Council. The issue of the crime of aggression concerns international peace and security. China has consistently maintained that the Security Council possesses the exclusive authority to determine acts of aggression, which is part of the collective security mechanism established by the UN Charter with the Security Council at its core. The Court’s jurisdiction over the crime of aggression should be examined within the overall framework of international law anchored by the UN Charter, which is also a requirement of the Rome Statute itself.

Third, the Court should strictly exercise its jurisdiction in accordance with the authorization under the Rome Statute. In face of a complex and turbulent international situation, the Court should strictly adhere to the principle of complementary jurisdiction, handle relevant situations independently, objectively, and impartially, and interpret and apply the Rome Statute and general international law comprehensively and in good faith, balance judicial justice with peace and stability, and avoid politicization and double standards.

In closing, China would like to take this opportunity to express its gratitude to Colombia, the Chair of the Working Group on Amendments to the Rome Statute, and urges all parties to engage in thorough consultations on the review of the crime of aggression, broadly solicit opinions from all parties, including non-States Parties, seek consensus to the greatest extent, and proceed with caution and prudence on this important work.

Thank you, President.