Joining court would allow investigation of Xi Jinping if he were to order act of war against Taiwan

Joining court would allow investigation of Xi Jinping if he were to order act of war against Taiwan

Taiwan’s government is considering joining the international criminal court, in part to increase deterrence of a Chinese attack or invasion.

Supporters also say it would help universalise the international legal system, which has a low presence in Asia, and increase Taiwan’s global participation at a time when Beijing works to keep it as isolated as possible.

The court was established by the Rome statute, which defined four core international crimes: genocide, crimes against humanity, war crimes and crimes of aggression. It has operated since 2002, prosecuting dozens of alleged war criminals. In March the ICC issued an arrest warrant for the Russian president, Vladimir Putin, over the forced deportation of children from Ukraine.

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    Supporters also say it would help universalise the international legal system, which has a low presence in Asia, and increase Taiwan’s global participation at a time when Beijing works to keep it as isolated as possible.

    Supporters have said this could help deter Xi from acting on his intention to annex Taiwan, a self-ruled democracy whose people overwhelmingly reject the prospect of Chinese subjugation.

    Because of the warrant, Putin did not travel to the Brics conference in South Africa earlier this year as he faced the risk of arrest and deportation to The Hague if he landed in the ICC member state.

    Prof Jonathan Hafetz, of Seton Hall law school in the US, said he did not think Taiwanese membership of the ICC would have a strong deterrent effect alone, but would probably introduce “another dimension to the larger geopolitical landscape that China would have to navigate”.

    “I think China could try to undercut the legitimacy of any ICC action by underscoring the selective nature of international criminal justice and criticising it as a tool of western powers that is applied inconsistently,” Hafetz said.

    With Taiwan heading to a presidential election on 13 January, imminent movement on the proposal is unlikely, but the Guardian understands there are high-level discussions taking place in government.

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