Statement by the Chinese Observer Delegation

to the International Criminal Court

Assembly of States Parties

24th session

2 December 2025, The Hague

Madam President, Excellencies and Distinguished Delegates,

I have the privilege to address this Assembly on behalf of the Chinese Observer Delegation.

At present, the international landscape is marked by transformation and turbulence, with regional conflicts and turmoil protracting and spilling over. Against this backdrop, the International Criminal Court is facing a growing number of situations and cases, many of which are intricate and sensitive in nature. The international community watches closely what steps the ICC would take to address the challenges, to perform its duties impartially and objectively, and to handle the situations and cases appropriately.

China, being a country suffered from atrocities during the Second World War, consistently supports the global efforts in preventing and punishing the most serious crimes in accordance with law. Such support dates back to almost 80 years ago, when China actively participated in and contributed to the work of the International Military Tribunal for the Far East, also known as the Tokyo Trial. China took part in negotiating the Rome Statute and has been paying close attention to the work of the ICC since its establishment.

It is China’s persistent proposition that the ICC strictly abides by the mandate conferred by the Rome Statute. To be more specific, we expect the Court to interpret and apply the Rome Statute and general international law in a coherent manner and in good faith, and to fully comply with the principles of complementarity and international cooperation. Jurisdiction over nationals of non-States Parties must not be arbitrarily established or exercised. Furthermore, there can be no place for politicization, selectivity or double standards in the ICC’s work. Independence and impartiality are, as the President of the Court put it, the “polar stars” of the Court, and should be upheld throughout investigation, prosecution, and adjudication. By doing so, the ICC would be better poised to play a constructive role in upholding justice and maintaining peace and stability.

Madam President,

The ICC’s approach to immunities of state officials has long been a source of controversy, legally and politically. According to customary international law, sitting heads of States or Governments, Foreign Ministers and other high-ranking officials enjoy absolute immunities from criminal jurisdiction as well as inviolability. Article 27 of the Rome Statute, although interpreted as excluding the application of such immunities, is binding only on States Parties rather than non-States Parties. And it is noteworthy that provided by the Vienna Convention on the Law of Treaties, treaties do not create obligations or rights for third parties. Neither Article 27 nor any other articles of the Rome Statute alters the States Parties’ obligation under general international law to respect the immunities of high-ranking officials of a third State, as is confirmed by Article 98. 

In July of this year, a special session of the Assembly of States Parties was held to review the amendments on the crime of aggression. China notes the differing views expressed regarding the expansion of the Court’s jurisdiction over the crime of aggression. China wishes to reiterate that the issue of the crime of aggression is intrinsically linked to international peace and security. The Charter of the United Nations has tasked the Security Council with the primary responsibility of maintaining international peace and security, including the responsibility and authority in determining the existence of acts of aggression. Therefore, utmost caution should be taken in amending the Rome Statute and exercising the Court’s jurisdiction, so that the mandate of the Security Council remains intact and the sovereignty and jurisdiction of non-States Parties be fully respected.

China has listened to the previous interventions carefully, and notes the concerns expressed on repeated imposition of unilateral sanctions by one State against the judges and prosecutors of the ICC. China persistently opposes and condemns unilateral sanctions that violate international law. Imposing such sanctions are essentially placing individual State’s own will and domestic laws above international law, and are detrimental to the international legal order. 

In conclusion, trust and support can only be earned through concrete actions. China hopes the International Criminal Court will maintain an objective and just position, actively respond to the concerns of States, and play a positive role in safeguarding fairness and justice and promoting peace and security. 

Thank you, Madam President.