본문 바로가기
  • Home

Implementation of the 'Rome Statute of the International Criminal Court': Manifestations and challenges

  • DONG-A LAW REVIEW
  • 2010, (46), pp.395-422
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Seong-Gyu KIM 1

1한국외국어대학교

Accredited

ABSTRACT

The success of the International Criminal Court depends not only on widespread ratification of the ‘Rome Statute of the International Criminal Court', but also on states parties’ compliance with obligations under the ‘Rome Statute’. This requires, for almost every state, some change in national law in accordance with existing laws and proceedings in a given legal system. This paper reviews the provisions of the ‘Rome Statute’ and analyses the national legislation on its implementation; it involves a comparative analysis of implementation strategies adopted by the United Kingdom,Canada, Germany, Switzerland and the Netherlands. Approaches adopted by states with regards to specific issues of implementation will also come into focus, followed by discussions on implications of the 'Rome Statute'for the implementation in Korea. In 2007, the Republic of Korea enacted the ‘Law on the Prosecution and Punishment of the Crime of the Rome Statute of the International Criminal Court’, which is the implementation of the ‘Rome Statute’. The Law lists and criminalizes all core crimes that are within the jurisdiction of the International Criminal Court; and gives the Korean government a statutory basis for transferring suspects to the Court and makes it possible to furnish the Court with legal assistance. This paper focuses on several specific rules of the Law and research questions that the study is set out to answer. In conclusion, it recommends and argues the need for a comprehensive domestic implementation strategy of the ‘Rome Statute’ in Korea.

Citation status

* References for papers published after 2023 are currently being built.