ICC said that the crimes against humanity complaint lodged against Chinese officials led by Chinese president Xi Jinping cannot be acted upon as China is not a state party to the Rome Statute. | GabrielLaluINQ
“The crimes referred to in the communication were allegedly committed by Chinese nationals in the territory of the Philippines. China is not a State Party to the Rome Statute. Accordingly, the Court lacks personal jurisdiction,” ICC said.The court also said that while it may exercise jurisdiction if the alleged crime was committed on territories that are state parties to the Rome Statute, the activities in question were not within the territory, but only on the exclusive economic zone .
The two officials claimed that thousands of Filipino fisherfolk have been persecuted and injured by China’s aggressive island-building and occupation of the disputed islands in the WPS.They also used the boat ramming incident, where a local fishing boat sunk after a ‘collision’ with a Chinese ship that left 22 fishermen at sea, to boost the complaints.
“Finally, as previously highlighted, the remaining basis for the exercise jurisdiction under article 12 is also not met, given the Chinese nationality of the alleged perpetrators in question. Accordingly, the Office concluded that the crimes allegedly committed do not fall within the territorial or otherwise personal jurisdiction of the Court,” it added.
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