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Claus Kreß/Flavia Lattanzi (eds.)
The Rome Statute and Domestic Legal Orders
Volume I: General Aspects and Constitutional Issues
2000, XXXII, 256 (288), with FD, 25,– EURO, ISBN 88-87847-01-0
This volume includes forewards of Herta Däubler-Gmelin, Federal Minister of Justice, Germany, Piero Fassino, Minister of Justice, Italy and contributions of Paolo Benvenuti, Antoine Buchet, Michael Cottier, Phani Dascalopoulou-Livada, Helen Duffy, Paula Escarameia, Irene Gartner, Jonathan Huston, Frank Jarasch, Claus Kreß, Sivuyile Maqungo, Daniel D Ntanda Nsereko, Áurea Roldán Martín, Otto Triffterer, Juan Antonio Yáñez-Barnuevo.
This book is the result of a research organized by the University of Teramo, Florence, Siena, Trento and financed by the Italian Ministry for University and Scientific Research (MURST).
Volume features: close format 17x24; print 2 colors cover paper 285 gr.; interior paper 95 gr.; print run 700 copies; original text in English and French.
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EDITORS' NOTE
After the adoption of the Rome Statute of the International Criminal Court on 17 July in Rome and with the negotiations on the Rules of Procedure and Evidence and on the Elements of Crime drawing to their close the question of national implementing legislation becomes the matter of priority. Due to the complexity and the rather innovative character of the Rome Statute its implementation into the national legal orders poses a serious challenge to legislators.
The Teramo Research Group whose members are government officials - acting in their private capacity - and academics seeks to help facing this challenge by a comparative approach. Such approach recommends itself at least for two reasons: First, there is not only one possible way to implement the Rome Statute. Rather, a number of different implementation models can be identified by way of comparison between a number of different legal systems. Second, a comparative approach may encourage the adoption of innovative solutions which might seem too audacious from an exclusively national perspective.
The Teramo Research Group will produce a series of publications covering all aspects of the implementation process. Volume I of the The Rome Statute and Domestic Legal Orders which will appear in the end of July 2000 deals with what are the two most burning issues for most States: the general strategy of implementation and the analysis of possible constitutional obstacles to ratification. Following an analysis of general character the book contains studies on the situation in Austria, France, Germany, Greece, Italy, Liechtenstein, Portugal, South Africa, Spain, Switzerland and in the States of the South African Development Community. The contributions present the decision-making process at the national level and comment on them with the goal of stimulating the - in most cases still ongoing - debate. The appearance of Volume I thus marks the beginning of what is hoped to become a useful contribution to the fascinating process of implementing the Rome Statute all over the world.
Comparative studies in the areas of State cooperation with the ICC and international crimes in the substantive national criminal laws are intended to be published in the early future and it is envisaged to cover even a greater number of States in the subsequent volumes.
June 2000,
Claus Kreß & Flavia Lattanzi
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