National Implementation of IHL
Decision of the Constitutional Council on the Rome Statute of the International Criminal Court, 22 January 1999
Décision du Conseil constitutionnel No 98-408 DC du 22 janvier 1999 sur le Traité portant Statut de la Cour pénale internationale.

22.01.1999
Conseil constitutionnel
http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank/pdf/conseil-constitutionnel-11823.pdf (last accessed on 3 October 2013)

Summary
At the request of the President and the Prime Minister, the Constitutional Council examined the conformity of the Rome Statute of the International Criminal Court with the text of the French Constitution. The Council concluded that an amendment of the Constitution was a prerequisite to ratification of the treaty. Three different grounds were mentioned in the decision. First, the fact that Article 27 of the Rome Statute (irrelevance of official capacity) would be incompatible with the special regime of criminal responsibility provided for State officials in the Constitution. Secondly, the fact that the Court could challenge national rules on statutory limitations or nationally adopted amnesty laws would undermine the exercise of national sovereignty. Lastly, this would also be the case in relation to investigations conducted by the Office of the Prosecutor on the national territory without representatives of the French judicial system. The French Constitution was consequently amended on 8 July 1999

Decision
File TypeSizeFile Name
application/pdf 102 KB Constitutional Council - Decision of 22 January 1999.pdf