Expectation of Prosecuting the Crimes of Genocide in China

Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 7)

Abstract

This article argues that it is both necessary and possible for China to legislate on the prosecution and punishment of the crime of genocide. It analyzes the legal framework established by the Genocide Convention which was ratified by China, and contends that the country is under an obligation to enact the provisions of the Convention through domestic legislation for reasons including: the establishment of the ICC, which has presented practical needs for China to perfect its domestic legislation, the need to satisfy the requirement of willingness and ability, and to allow for the exercise of universal jurisdiction. The article claims that the well-rooted idea of equality among different ethnic groups in China further serves as a good psychological foundation for legislation on genocide.

Keywords

Security Council International Criminal National Court Rome Statute International Crime 
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Copyright information

© Springer Science+Business Media B.V. 2011

Authors and Affiliations

  1. 1.Renmin University of China Law SchoolBeijingChina

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