National constitutional compatibility and the International Criminal Court.

From: Duke Journal of Comparative & International Law | Date: September 22, 2000| Author: Duffy, Helen | Copyright information

I. INTRODUCTION

The early stages of negotiations towards the establishment of a permanent International Criminal Court (ICC or "the Court") were characterized by the struggle between diverse legal systems for representation and accommodation in the Statute of the Court. It was in this context that questions first surfaced, albeit tentatively, as to the potential incompatibility of various draft statutory provisions with national constitutions. During the final Rome Diplo...