Domestication of the Rome Statute in the United Republic of Tanzania

Abstract

The Rome Statute establishes four international crimes namely genocide, war crimes, crimes against humanity and crime of aggression. Every State Party to the Rome Statute is obliged to enact legislation giving legal force the Rome Statute in order to exercise her primary jurisdiction of investigating and prosecuting the crimes. Tanzania is a State Party to the Rome Statute with no legislation domesticating the Rome Statute. The Rome Statute as an international treaty does not form part of sources of law in the United Republic of Tanzania because article 63(3) (d) of the Constitution of the United Republic of Tanzania 1977 requires implementation of international treaties. This article excludes the discussion of the crime of aggression because the United Republic of Tanzania has not accepted the Kampala amendments of 2010. This article finds out the legal constraints facing domestication of the Rome Statute in the United Republic of Tanzania. The method applied to collect data is documentary analysis supplemented by interview and questionnaire which have revealed that, lack of political will is one of the legal constraints facing domestication of the Rome Statute. The article calls upon key actors to put their collaborative commitment and engagement of power, authority, support, duties and ability of reasonable actions to domesticate the Rome Statute in order for the United Republic of Tanzania to exercise her primary obligation of investigating and prosecuting the crimes as international crimes and to have legal capacity to cooperate with the International Criminal Court.