The Legal Research Of The Motivations For Joing The Rome Statute

The International Criminal Court based on “Rome Statute” is an internationalcriminal justice institution which is independent from any country or internationalorganization, cooperating with the United Nations through a partnership agreement.The establishment of ICC impacts the existing political structure from the concept,having also seen profound impacts in the traditional concept of national sovereigntyand the principle of non-interference in the internal affairs. The influence of RomeStatute on the world is accelerating. The International Criminal Court is destined toconflict with some countries because it is beyond the national and state level.Different people have different interpretations on the function of the Courts. Thecountries all over the world have different purposes on whether to join the statute.This opens a perspective of the research of the motivations of States Parties forjoining the Rome Statute, which is not only of important theoretical significance, butalso of urgent practical significance. The research will improve our understanding ofthe system and international criminal law, besides, it will help China to make a betterchoice by seeing how matters stand.China has drifted away from the international organization, which no doubt leadsto the lack of a significant support in the framework of world peace and securitysystems. There are profound and complex reasons for China refusing to join the RomeStatute. However, from the advantage of China to join the Rome Statute as well theinterpretation of Chinese behavior on the issue of the Rome Statute, we shouldmaintain a positive and optimistic attitude. We have reasons to believe that China willtreate these issues of the Rome Statute correctly and take efforts to make the bestadjustment to keep up with the times.This paper first introduces the historical background and the principle of theRome Statue. Then, this paper analyses the motivation of States Parties and NonParties for whether joining the Rome Statue by combining the discussion withrelevant countries. Finally, I turn the perspective to China to analyze the motivationsof China for opposing joining the International Criminal Court as well as possibilityof China joining ICC in the future by combining with the actual situations, and makesome suggestions.