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Journal of International Criminal Justice Advance Access published online on May 26, 2005
Journal of International Criminal Justice, doi:10.1093/jicj/mqi048
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© Oxford University Press, 2005, All rights reserved. For permissions please email: journals.permissions@oupjournals.org

Original Papers

The ICC and Russian Constitutional Problems

Bakhtiyar Tuzmukhamedov *

* To whom correspondence should be addressed.
Bakhtiyar Tuzmukhamedov, E-mail: btuz{at}newmail.ru


  Abstract

The Statute of the International Criminal Court (the ICC Statute) has not yet been submitted to the Russian parliamentary chambers, the Duma, and the Council of the Federation. However, an Inter-Agency Panel led by the Ministry of Justice has been set up, with a view to drafting amendments to current Russian legislation and facilitating Russia's cooperation with the ICC. Major problems standing in the way of Russia's ratification include certain provisions of Russia's Constitution, which, for instance, do not provide for an international court substituting national courts, and lay down the right to jury trial and the right to seek pardon. However, there are various ways of reconciling the Constitution with the ICC Statute. In short, there are no insurmountable legal hurdles to harmonizing the Russian Constitution and laws with the ICC Statute: the question of Russia's ratification is mostly a question of political will.

Professor of International Law, Diplomatic Academy, Moscow; btuz@newmail.ru. The views expressed in this paper are those of the author; they may differ from those of the Russian Government, and should not be attributed to persons or institutions with which the author may be associated.
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