States' Responses to Issues Arising from the ICC Statute: Constitutional, Sovereignty, Judicial Cooperation and Criminal Law

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Overview

This comparative study focuses on the legislative methods and techniques used in 12 countries to give effect to the International Criminal Court.

The text covers both common law as well as civil law countries: Argentina; Brazil; South Africa; The Netherlands; Liechtenstein; France; Sweden; Germany; Norway; Italy; Canada; and the UK. The practice of each state forms a chapter focusing on constitutional, sovereign, and criminal issues. Two additional chapters discuss such issues now facing Japan and Mexico.

The contributors focus on real issues encountered and methods and techniques actually employed with the purpose of serving as a practical guide to those countries that are still looking for methods to give effect to the Rome Statute. In each case the authors explain why certain legislative approaches were used and why others were not selected.

The authors are all experts with years’ of experience in the field; most of them participated in preparing the relevant domestic laws and in the making of the Rome Statute.

Published under the Transnational Publishers imprint.

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Product Details

Meet the Author

Roy S. Lee was Executive Secretary for the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court.

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Table of Contents

Ch. 1 States' responses : issues and solutions 1
Ch. 2 Implementing the Rome Statute : Canada's experience 47
Ch. 3 Ratification and adaptation : the French perspective 57
Ch. 4 Germany : methods and techniques used to deal with constitutional, sovereignty and criminal law issues 65
Ch. 5 The Netherlands' legislative measures to implement the ICC statute 83
Ch. 6 South Africa's implementation of the Rome Statute 105
Ch. 7 Political and legal considerations in Sweden relating to the Rome Statute for the International Criminal Court 121
Ch. 8 Implementation of the ICC statute in the United Kingdom 147
Ch. 9 Argentina's draft law to implement the Rome Statute 165
Ch. 10 Implementation of the Rome Statute in Brazil 179
Ch. 11 Italian implementation of the Rome Statute and related constitutional issues 215
Ch. 12 Ratification and implementation of the Rome Statute in Liechtenstein 247
Ch. 13 Japan's view on the International Criminal Court and some of its issues of implementation 259
Ch. 14 Ratification of the statute of the International Criminal Court by Mexico 275
Ch. 15 Some critical remarks on the Rome Statute 281
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