Domesticating the ICC Statute: A global perspective

Whilst the ICC Statute leaves broad discretion to States Parties in adopting domestic legislation on international crimes, this discretion is not unfettered. Its extent must be measured by reference to: a) the international law of treaties; and b) other applicable international obligations enshrined in specific treaties (eg the Genocide Convention and the 1949 Geneva Conventions) and customary international law. One must keep these rules in mind when assessing the various possible approaches to “domestication” of international criminal law and when reviewing legislation adopted to harmonise the national legal system with the ICC Statute. This contribution will also engage in a brief overview of various approaches to such “domestication” efforts, highlighting their advantages and disadvantages and providing examples.