On The Selective Justice Of The International Criminal Court

The International Criminal Court(ICC)has played an important role in pursuing international crimes,but in the face of the strong principle of national sovereignty and the geopolitical factors of armed conflict,it is almost an impossible goal to completely solve international crimes in international disputes through the investigation and trial of the ICC.In the development of international criminal justice,the issue of selective justice has always been of great concern to scholars of international law at home and abroad,and the "reasonableness" of selective justice is a highly controversial issue in academic circles.Since the formulation of the Rome Statute of the International Criminal Court(ICC)and the establishment of the ICC,the issue of "reasonableness" of selective justice has moved from a historical stage to a systematic theoretical study.The Rome Statute of the International Criminal Court(ICC)is an international treaty with certain validity in international law,which was established after different choices and negotiations among different participants in the process of codification and treaty-making,and in the judicial activities of the Court,due to the influence of internal factors such as the discretionary power of judges and prosecutors,the Court has shown its own selective enforcement behavior.It is obvious and unavoidable that the selective justice of the International Criminal Court is influenced by external political factors,and the selective justice caused by its own internal system design is constantly questioned and criticized by the international community,in order to ensure the legitimacy and operability of international criminal justice activities,the international community has been committed to limit the abuse of selective justice of the International Criminal Court as much as possible.In order to ensure the legitimacy and operation of international criminal justice activities,the international community has been committed to limit the abuse of selective justice by international criminal courts as much as possible.Selective justice requires an objective and comprehensive study from both the perspective of phenomenon and power.However,this view gives selective justice a "veneer" of rationality and is not objective and comprehensive enough for an in-depth study of selective justice in international criminal courts.As a judicial phenomenon,selective justice should include the selective judicial behavior of the Court caused by the participation of the UN Security Council,state parties,the investigation of the Prosecutor and the trial of judges.As a judicial phenomenon,selective justice should include the UN Security Council’s participation,state treaty-making,investigation by the Prosecutor,trial by judges,etc.Selective justice in international criminal courts has different characteristics with the development of the courts,and selective justice is reflected in all aspects and stages of the judicial activities of the courts,and the evolution rules and characteristics of selective justice in international criminal courts should be explored from a historical perspective.Firstly,the origin of selective justice includes a series of international criminal trials such as the Nuremberg Tribunal,the Tokyo Tribunal,the ICTY and the Rwanda Tribunal,which are characterized by political dependence;secondly,the establishment of selective justice is marked by the enactment of the Rome Statute,which reflects the independence of judicial activities from political institutions;thirdly,the practice of selective justice is characterized by Thirdly,the practice of selective justice has a strong regional character,because the judicial practice of the ICC during this period was mainly in Africa;finally,the regulatory phase of selective justice has a policy character,which is mainly reflected in the policy regulatory documents issued by the ICC for the internal activities of the Court.The causes of the ICC’s selective justice are mainly the expansion of the system and political involvement.The system is an internal issue,which mainly includes the legislative design of the Rome Statute,the discretion of judges and prosecutors to implement the system,and the cost of the system.Political issues are external,including the UN Security Council’s mandate,the treaty-making nature of states,the participation of other subjects and NGOs,and other political issues.In particular,the expansion of the Rome Statute system and the abuse of the discretion of judges and prosecutors in the selective justice of the ICC have seriously affected the legitimacy of the Court,and the political interference of Western powers in the UN Security Council and the selective participation of states have directly affected the legitimacy of the Court.By further analyzing these issues,we can more clearly identify the fundamental flaws of the selective justice of the ICC,which have led to the loss of credibility of international justice.By further analyzing these problems,we can more clearly identify the fundamental flaws of the ICC’s selective justice,which have led to the loss of credibility of international justice.Although China has not acceded to the Rome Statute,it has been highly vigilant and cautious about the judicial activities of the ICC.There is a risk of abuse of the ICC’s selective justice against China in terms of the expansion of the Court’s jurisdiction,challenges to national criminal justice systems,requests for judicial cooperation by the Court,and amendments to the Rome Statute.We should use critical thinking to examine selective judicial abuses,adhere to the basic principle of safeguarding national sovereignty and national interests,and propose strategies to deal with the risks of selective judicial abuses in these aspects,such as foreign policy,internationalization of domestic criminal law,international criminal judicial cooperation and participation in the revision of the Rome Statute.