National implementation of ICC crimes: impact on national jurisdictions and the ICC
The national implementation of the International Criminal Court (ICC) Statute has proven to be more difficult than initially anticipated. Most States Parties have either not incorporated the ICC crimes into their domestic laws, or they have done so using different forms of wording. This article exam...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Published: |
[S.l.]
SSRN
[2010]
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| In: |
Journal of international criminal justice
Year: 2007, Volume: 5, Issue: 2, Pages: 421-440 |
| Online Access: |
Volltext (Resolving-System) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
| Summary: | The national implementation of the International Criminal Court (ICC) Statute has proven to be more difficult than initially anticipated. Most States Parties have either not incorporated the ICC crimes into their domestic laws, or they have done so using different forms of wording. This article examines the implementing legislation of several states to demonstrate how inadequate implementation of the ICC crimes might prevent states from exercising their primary jurisdiction in criminal proceedings. In turn, this might affect the admissibility of a case before the ICC. To this end, this article also explores whether flawed implementation of the ICC crimes amounts to unwillingness or inability of the state to genuinely prosecute. This article argues that implementation of the Statute is of paramount importance to the future of the ICC |
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| Physical Description: | Online-Ressource |
| ISSN: | 1478-1395 |
| DOI: | 10.1093/jicj/mqm010 |