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Journal of International Criminal Justice Advance Access originally published online on March 31, 2007
Journal of International Criminal Justice 2007 5(2):421-440; doi:10.1093/jicj/mqm010
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© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

National Implementation of ICC Crimes

Impact on National Jurisdictions and the ICC

Julio Bacio Terracino*

* PhD candidate in International Law, Graduate Institute of International Studies, Geneva. [ baciote2{at}hei.unige.ch]


  Abstract

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.

The author wishes to thank Andrew Clapham, Marcelo Kohen, Brigitte Stern, Dima Yared and Froukje Boele for their valuable comments during different stages of his research. Any error is the author's sole responsibility.


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