National Case Law - Decision of the Constitutional Court of Armenia on the issue of compatibility of the provisions stipulated by the Statute of the International Criminal Court, signed in Rome on 17 July 1998 with the Constitution of Armenia, Yerevan, 1

Armenia

Title: Decision of the Constitutional Court of Armenia on the issue of compatibility of the provisions stipulated by the Statute of the International Criminal Court, signed in Rome on 17 July 1998 with the Constitution of Armenia, Yerevan, 13 August 2004

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Date: 13.08.2004

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Summary:

On 13 August 2004, the Constitutional Court of Armenia ruled on the issue of the compatibility of the provisions of the 1998 Statute of the International Criminal Court with the Constitution of the Republic of Armenia.
The Court considered that most provisions of the Rome Statute were in conformity with the Constitution, with the exception of paragraph 10 of the Preamble and Article 1 of the Statute, which provide that the jurisdiction of the ICC shall be complementary to national criminal jurisdictions.
The Court decided that Chapter 9 of the Armenian Constitution, which includes provisions organizing the system of the judiciary of the Republic of Armenia, does not provide for the possibility to complement the domestic system of criminal jurisdictions with an international judicial body, be it through an international treaty.
The Constitutional Court concluded that an amendment to the Constitution, acknowledging the obligations provided for under the Rome Statute or recognizing the jurisdiction of the International Criminal Court as a body complementing the system of national courts, would be possible.

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