12 - China and International Criminal Law

Summary

China’s engagement with international criminal law almost dates back to the creation of the body of law when the Tokyo tribunal was first established; China has followed closely the continuous evolution of international criminal law in various contemporary institutional contexts. Since China has involved itself in the making and development of international criminal law, it no longer views the body of law as subject to the same criticism as some of its aspects dating back to the nineteenth century, but it is not willing to take a step beyond its stance of positive engagement and commit fully to the binding force of international criminal law. This chapter aims to understand the evolving relationship of China with international criminal law, from the substantive issues that have influenced the nature of that relationship to date to the factors relating to China’s interactions with this body of law in the years to come. The chapter seeks to explore how China’s dual identities as both a developing country and a rising great power, which represent different kinds of state interests and preferences, give rise to competing concerns in its relationship with international criminal law.