The International Criminal Court and National Sovereignty
This book is one of the few Arabic publications that deals exclusively with the International Criminal Court (ICC) and its legal system. It addresses many sensitive legal issues relating to the ratification process of the ICC Statute, as well as the implementation of international criminal law norms throughout the Arab world.
This work delineates crimes that fall under international criminal jurisdiction and distinguishes them from other domestic crimes that fall exclusively under national jurisdiction. Furthermore, it focuses on the
national sovereignty of States, which frequently serves as the foundation of many of the obstacles that impede the adoption of the ICC Statute.
Primarily addressed are the constitutional and other legislative barriers to the ratification process. These topical discussions are followed by
attempts to provide solutions to overcome such impediments. The book also discusses the immunities of Heads of States and national judicial sovereignty over a State's territory and its nationals, while subsequently analyzing whether or not the ICC actually obstructs (or infringes) such manifestations of State sovereignty.
Further discussed are other issues relating to the implementation of the ICC Statute into national legal systems. Examples include the relationship between international law and municipal law, as well as how international
treaties are received within national legal systems, with a particular focus on the interrelationship between national and international jurisdiction. Also detailed are the main obligations of States Parties under the ICC treaty.
This book concludes with recommendations concerning the ratification and the implementation process, and also explains how the ICC could serve the interests of all Arab States. In closing, it urges Arab countries to give
enough attention to the emerging system of international criminal law, while imploring them to enact national legislation and to create effective national legal systems capable of prosecuting crimes that are within the
jurisdiction of the ICC.
The book is published with the hope that it will be useful for all those who are working on or are interested in international criminal justice,
particularly for decision-makers and legal scholars in the Arab world.
The Publisher:
The book is published by the Center for Political and Strategic Studies at the Al-Ahram Foundation in Egypt.
Adel Maged
Chief Prosecutor
Member of the Department of Legislation at the Egyptian Ministry of Justice