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对危害人类罪的规定提出保留是我国政府不加入《罗马规约》的理由之一。我国政府认为危害人类罪构成应与武装冲突相联系,同时该罪具体罪行的规定已超出了国际习惯法的范围。但是通过对这两个理由的具体分析,可以发现随着国际刑法的发展,这些理由已经不够充分。本文认为中国要在国际刑法未来发展中掌握话语权则应尽早加入国际刑事法院。
Preservation of the provisions of crimes against humanity is one of the reasons why my Government does not accede to the Rome Statute. My Government considers that the constitution of crimes against humanity should be linked to armed conflicts and that the provisions on the specific offenses of this crime go beyond the scope of customary international law. However, through the concrete analysis of these two reasons, we can find that these grounds have not been enough with the development of international criminal law. This article argues that China should accede to the International Criminal Court as soon as possible in order to have the right to speak in the future development of international criminal law.