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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. Following the adoption of the ICC Statute,
many States, including Germany with the "Völkerstrafgesetzbuch",
introduced specific legislation to incorporate international
criminal law into their domestic legal systems and a considerable
number of them have been investigating and prosecuting war crimes,
crimes against humanity, genocide, and even aggression ever since.
Twenty-five years later, however, the process is not completed as
other countries, like Italy, are still working on adopting
provisions on international crimes. This book opens with a broad
overview of the different approaches of the domestication of
international criminal law, with a specific focus on the German and
the Italian systems. After an assessment of the prerequisites for
the domestic implementation of international criminal law, also
from a constitutional law perspective, each chapter offers an
in-depth analysis of a specific issue, such as: the definition of
international crimes (genocide and 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; as
well as procedural aspects related to immunities, jurisdiction and
prosecutorial discretion. The strong academic perspective of many
authors is complemented by an equally strong practitioner
perspective of the others, provided by legal scholars in the
highest positions in international and national judicial
institutions, resulting in a well-informed and critical appraisal
of the most recent developments overall in the international
criminal justice system. Domesticating International Criminal Law
will be of great interest to legal scholars and students, as well
as practitioners with an interest in comparative and international
law, international criminal law and international relations.
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