National Implementation of the Rome Statute of the International Criminal Court: In Search of an Appropriate Modality

Abstract

The implementation of the Rome Statute in the domestic sphere of each State party is crucial for achieving its ultimate purpose: to end impunity for perpetrators of heinous international crimes. The present paper aims to appraise various modalities for States to implement the Statute. It applies doctrinal legal research by analyzing the relevant provisions of the Rome Statute and evaluating the practice of selected States. The paper finds that the implementation modality primarily depends on whether the State is a monist or a dualist. Even in the same group of States, the details may vary depending on the constitutional law requirements. Several States enact the implementation legislation before adopting the Statute whereas other States do it only after joining the Statute. While many States adopt a single comprehensive legislation incorporating key obligations of the Statute, other States enact multiple legislation to implement the Statute. Yet some States follow the model law approach. After appraising the modalities, the paper concludes with recommendations for further improvement.