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Re Treaty Establishing the International Criminal Court
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Conclusion and operation — Constitutional limitations — Accession of France to Rome Statute of International Criminal Court, 1998 — Compatibility with French Constitution — Extent of special constitutional amendment required prior to ratification
International tribunals — Jurisdiction — International Criminal Court — Rome Statute, Article 1 — Principle that jurisdiction of International Criminal Court to be complementary to national courts' jurisdiction — Article 17 of Statute — Scope of principle of complementarity — Whether jurisdiction of International Criminal Court defined in sufficiently clear and objective manner
State immunity — Head of State immunity — Criminal proceedings before International Criminal Court — Article 27 of Statute — Immunity based on official capacity as Head of State, or Government member, not a bar to prosecution before Court — No exemption from criminal responsibility, or punishment, for acts performed in official capacity — Compatibility with French Constitution — The law of France
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- © Cambridge University Press 2004