Domesticating International Criminal Law: Reflections on the Italian and German Experiences

This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the Völkerstrafgesetzbuch, 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice.

Format: Hardback
Length: 298 pages
Publication date: 01 June 2023
Publisher: Taylor & Francis Ltd

This comprehensive book offers a vital and indispensable exploration of the most significant challenges surrounding the domestication of international criminal law, particularly in relation to the implementation of the ICC Statute. It delves into the latest proposals for reforming the German Code of Crimes under International Law, known as the Völkerstrafgesetzbuch, which has been in force for two decades. Furthermore, it introduces the project for an Italian code of international crimes drafted by the Committee of experts established by the Ministry of Justice in 2022.

Since the adoption of the ICC Statute, numerous states, including Germany with the Völkerstrafgesetzbuch, have introduced specific legislation to incorporate international criminal law into their domestic legal systems. Many of these states have since investigated and prosecuted war crimes, crimes against humanity, genocide, and even aggression. However, twenty-five years later, the process of domestic implementation is still incomplete, as other countries, such as Italy, are still working on adopting provisions on international crimes.

This book begins with a broad overview of the diverse approaches to the domestication of international criminal law, with a particular focus on the German and Italian systems. It then assesses the prerequisites for the domestic implementation of international criminal law, including constitutional law perspectives. Each chapter of the book provides a detailed analysis of a specific issue, such as the definition of international crimes (genocide, crimes against humanity, war crimes, and aggression), the applicability of and exceptions to the general principles of domestic criminal law, the regulation of individual criminal responsibility, sanctions and sentencing, and procedural aspects related to immunities, jurisdiction, and more.

By examining these critical topics, this book provides valuable insights into the ongoing efforts to promote and enforce international criminal law at the national and international levels. It serves as a valuable resource for scholars, policymakers, practitioners, and anyone interested in understanding the complexities and challenges of domesticating international criminal law.

Weight: 594g
Dimension: 162 x 240 x 27 (mm)
ISBN-13: 9781032341958