Domestic and International Criminal Justice: Challenges Ahead

KFG Working Paper Series, No. 57 (2022), Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”

22 Pages Posted: 11 May 2022

Date Written: April 2022

Abstract

This paper consists of two parts: In the first part, some of the challenges with which the Internationaal Criminal Court is currently confronted are being presented. First of all, the article will describe the current state of the International Criminal Court and the Rome Statue. Afterwards, the article analyses the Court’s efforts to deal with cases against third-country nationals and the challenges it is facing in that regard. In addition, the Court’s case law will be analyzed in order to determine an increasing ‘emancipation’ of the case law of the International Criminal Court from international humanitarian law. The second part of the paper will briefly discuss the role of domestic international criminal law and domestic courts in the further development and enforcement of international criminal law. As an example of the role that domestic courts may have in clarifying classic issues in international law, the judgment of the German Supreme Court of January 28, 2021 (3 StR 564/19), which deals with the status of costumary international law on functional immunity of State officials before domestic courts, shall be assessed.

Suggested Citation

Zimmermann, Andreas J and Schabedoth, John, Domestic and International Criminal Justice: Challenges Ahead (April 2022). KFG Working Paper Series, No. 57 (2022), Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”, Available at SSRN: https://ssrn.com/abstract=4087189 or http://dx.doi.org/10.2139/ssrn.4087189

Andreas J Zimmermann (Contact Author)

University of Potsdam ( email )

August-Bebel Strasse 89
Potsdam, 14482
Germany

John Schabedoth

University of Potsdam ( email )

August-Bebel Strasse 89
Potsdam, 14482
Germany

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