National Case Law - Decision 98-408 DC of 22 January 1999 (Treaty on the Statute of the International Criminal Court), Conseil constitutionnel (Constitutional Council)

France

Title: Decision 98-408 DC of 22 January 1999 (Treaty on the Statute of the International Criminal Court), Conseil constitutionnel (Constitutional Council)

Date: 22.01.1999

Source: Decision 98-408 DC of 22 January 1999 - Treaty on the Statute of the International Criminal Court, in Journal Officiel, No. 20, 24 January 1999, p. 1317.

Summary:

At the request of the President and the Prime Minister, the Conseil constitutionnel examined the conformity of the Rome Statute of the International Criminal Court with the text of the French Constitution. The Conseil concluded that an amendment of the Constitution was a prerequisite to ratification of the treaty. Three different grounds were mentioned in the decision. First, the fact that Article 27 of the Rome Statute (irrelevance of official capacity) would be incompatible with the special regime of criminal responsibility provided for State officials in the Constitution. Secondly, the fact that the Court could challenge national rules on statutory limitations or nationally adopted amnesty laws would undermine the exercise of national sovereignty. Lastly, this would also be the case in relation to investigations conducted by the Office of the Prosecutor on the national territory without representatives of the French judicial system.

The French Constitution was consequently amended on 8 July 1999 $Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution of 4 October 1958 (extracts)'$ .

Text:

References: National Laws and Regulations
Constitution of 4 October 1958: Art. 53-2 $Database 'IHL - National Implementation', View 'Maintenance\0a. ALL by Site', Document 'Constitution of 4 October 1958 (extracts)'$ .

References: International Treaties and Documents
Rome Statute of the ICC 1998 .