The Effect of Domestic Law on the Rome Statute of the International Criminal Court

Abstract

International criminal law is generally considered a species of public international law, however its situation is slightly different from general public international law because of its roots in customary international law following the creation of the Nuremberg and Tokyo tribunals. The specific influence of domestic norms on international criminal law is a particularly relevant topic to discuss at this juncture, given the recent increase in work at the International Criminal Court and the continued development of its practice as a system of international criminal law. Thus it is particularly important to understand the extent to which domestic law influences such norms and to what extent the norms have been created, uniquely, via treaty. Understanding the interaction between the sources, through an examination of the connection between general principles, customary international law and treaties such as the Rome Statute, will further discussion of the theory of international criminal law, identifying issues before they arise in practice.