"Revolution is glorious! Revolution is no crime!" International crimes and Chinese domestic law, and the Gang of Four trial

O'Brien, Melanie (2016) "Revolution is glorious! Revolution is no crime!" International crimes and Chinese domestic law, and the Gang of Four trial. New Criminal Law Review, 19 3: 313-343. doi:10.1525/nclr.2016.19.3.313


Author O'Brien, Melanie
Title "Revolution is glorious! Revolution is no crime!" International crimes and Chinese domestic law, and the Gang of Four trial
Journal name New Criminal Law Review   Check publisher's open access policy
ISSN 1933-4192
1933-4206
Publication date 2016
Year available 2016
Sub-type Article (original research)
DOI 10.1525/nclr.2016.19.3.313
Open Access Status Not Open Access
Volume 19
Issue 3
Start page 313
End page 343
Total pages 31
Place of publication Berkeley, CA United States
Publisher University of California Press
Collection year 2017
Language eng
Abstract China was active in the drafting of the Rome Statute of the International Criminal Court, but has not become a state party, and the Chinese relationship with international criminal law is not strong. Given this, an examination of China’s own abilities and actions with regard to accountability for international crimes is warranted. China does not have any legislation proscribing violations of international humanitarian law, or war crimes, genocide, or crimes against humanity. This article will examine some of the options under current Chinese Criminal Law of 1997 that could be used to prosecute international crimes in lieu of express provisions. The second part of the article undertakes an international criminal law and human rights analysis of the Gang of Four trial, as the only trial of leaders linked to the mass crimes of the Cultural Revolution and thus the only real example of an attempt at accountability for mass crimes in modern China. These two parts of the article combine together to provide an analysis of China’s ability to enact and attempts at accountability for international crimes committed in China.
Keyword China
Chinese criminal law
International criminal law
International human rights law
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
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Created: Mon, 25 Jul 2016, 16:30:39 EST by Carmen Buttery on behalf of T.C. Beirne School of Law