PINIL - Project on ICC National Implementation Legislation: Questionnaire
13 Pages Posted: 25 Oct 2006 Last revised: 26 Jul 2009
After the coming into force of the Rome Statute on 1 July 2002, the focus of academics, governments and the NGO community has shifted to the implementation of the Rome Statute in domestic jurisdictions. In recognition of this fact a group of young lawyers and former delegates to the ICC Preparatory Commissions created the "Project on ICC National Implementation Legislation" (PINIL) to examine how national criminal law adapts to the Rome Statute.
The Project involved over 30 researchers in 15 European countries, ranging from Albania to the UK. Matthias Goldmann (Germany), Rain Liivoja (Estonia), Cornelia Schneider (Germany/UK), Ann Swampillai (UK) and Isabelle Walther (Germany) coordinated the project.
The research was based on a questionnaire, drafted by Matthias Goldmann and Simon P. Olleson with the support of the entire team, which is contained in the paper. Accordingly, the authors of each country analysis were asked to address the following two issues: 1) Is the State Party in a position to carry out proceedings at the national level thereby excluding the possibility of the ICC exercising its jurisdiction? (Principle of Complementarity) 2) Is the State Party in a position to comply with its obligations to co-operate with the ICC as detailed in the Rome Statute? (Co-operation)
A compendium of eight country analyses has been published in volume 16 (2005) (appeared in 2008) of the Finnish Yearbook of International Law (FYBIL). This symposium covers Albania, Belgium, Estonia, Finland, Germany, Italy, Russia, and the UK.
Seven additional country analyses have been made available on SSRN:
Bulgaria: http://ssrn.com/abstract=996515 Czech Republic: http://ssrn.com/abstract=996513 Latvia: http://ssrn.com/abstract=928333 Netherlands: http://ssrn.com/abstract=996521 Norway: http://ssrn.com/abstract=996523 Slovenia: http://ssrn.com/abstract=996524 Spain: http://ssrn.com/abstract=996525
A cross-cutting article by Matthias Goldmann which compares and evaluates the outcomes of the country analyses has been published in vol. 16 of the Finnish Yearbook of International Law. A pre-print version of this article is available on SSRN: http://ssrn.com/abstract=1348698
Keywords: International Criminal Law, International Criminal Court, implementation, Bulgaria, Czech Republic, Latvia, Netherlands, Spain, Slovenia, Boteva, Krivanek, Tyllova, Kalnina, Paparinskis, Cinar, van Niekerk, Blix-Nilsen, Eriksen, Songe-Moller, Stusek, Goldmann, Liivoja, Schneider, Swampillai, Walther
Suggested Citation: Suggested Citation