Abstract
Abstract This chapter considers the application and interpretation of substantive international criminal law in domestic courts. It first reviews cases that address hierarchical relations between the national and international legal order, in connection with the nullum crimen sine lege principle, before analysing decisions dealing with substantive international criminal law as applied and interpreted in domestic courts. The discussion focuses on the core crimes of genocide, crimes against humanity, and war crimes as defined in the Statute of the International Criminal Court (ICC). It also explores the issue of complementarity, addressed in Article 17 of the Rome Statute of the ICC. The available case law shows that some national courts are willing to apply (customary) international law freely in order to fill the gaps in national legislation, whereas others are far more reluctant to engage in such an exercise so as not to undermine the nullum crimen sine lege principle.
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