Viviana Zanetti

The Statute of the International Criminal Court as a Constitutional Issue

  • Abstract

Informations and abstract

Keywords: International Criminal Court; Sovereignty; Principle of Legality; National Immunity

The article concerns the most critical constitutional issues related to the implementation of the Statute of the International Criminal Court in the Italian legal order. It starts by evaluating the possibility of finding a principle that would justify the limitations of national sovereignty necessary to ensure the functioning of the International Criminal Court within the Italian legal system. Neither Article 10 nor Article 11 of the Italian Constitution can be used for this purpose. As a result, the Author draws the conclusion that the only applicable rule is Article 117, par. 1, of the Constitution. She therefore seeks to identify practical solutions regarding all the constitutional issues involved, the latter include in particular: the compliance with the principle of legality and national immunity. The Author aims at determining whether these constitutional issues can be solved through interpretation or whether, on the contrary, it is necessary to reform the Italian Constitution.

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