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国际刑事法院是国际法治的标志性成就之一。法院自2002年建立以来进入全面运作,在缔约国增加、建章立制取得进展的同时,还发展了被害人参与和赔偿制度,通过了侵略罪修正案和战争罪有关修正案。同时,法院也面临着诸多的制度性挑战。由于被认为存在双重标准,法院权威遭受多方特别是非洲国家的普遍质疑;补充性管辖原则共识有所增加,但仍然存在分歧;与各方的合作亟待不断加强。《罗马规约》涉国家元首豁免条款的解释引起广泛争议,肯尼亚领导人案还催生了《程序和证据规则》三项修正案。就安理会与国际刑事法院的关系而言,两者在预防和惩治危及国际和平与安全的严重国际犯罪的职责方面有所重叠,应依法维护安理会在认定国家侵略行为方面的权威,致力于发展两者建设性的合作伙伴关系。我国虽然不是国际刑事法院的成员国,但是作为安理会常任理事国,与国际刑事法院的工作密切相关,我国一直关注法院工作,呼吁法院依法审慎履行职责,提高司法公信力和权威。
The International Criminal Court is one of the landmark achievements of the international rule of law. Since the establishment of the court in 2002, the court has entered full-scale operation. Along with the progress made by the State party in establishing and establishing the constitution, the system of victim participation and compensation has also been developed. The amendments to the crime of aggression and the amendments to war crimes were passed. At the same time, courts also face many institutional challenges. Due to the double standards that are considered to exist, the court authority has been widely questioned by many parties, especially African countries. Consensus on the principle of supplementary jurisdiction has increased but differences still exist. Cooperation with all parties needs to be strengthened continuously. The interpretation of the Rome Statute on the interpretation of the terms of the immunity of heads of State has caused widespread controversy. The Kenyan leadership case has also spawned three amendments to the Rules of Procedure and Evidence. As far as the relationship between the Security Council and the International Criminal Court is concerned, the two overlap in their duty to prevent and punish grave international crimes endangering international peace and security. They should uphold the authority of the Security Council in identifying acts of state aggression in accordance with the law and devote themselves to the development of two Constructive partnership. Although not a member of the International Criminal Court, our country, as a permanent member of the Security Council, is closely related to the work of the International Criminal Court. Our country has always been concerned about the work of the court and appealed to the court to perform its duties prudently in accordance with the law and enhance the credibility and authority of the judiciary.