TY  - JOUR
A1  - Zimmermann, Andreas
A1  - Schabedoth, John Alexander
T1  - Domestic and international criminal justice
T2  - KFG working paper series
N2  - This paper consists of two parts: In the first part, some of the challenges with which the Internationaal Criminal Court is currently confronted are being presented. First of all, the article will describe the current state of the International Criminal Court and the Rome Statue. Afterwards, the article analyses the Court’s efforts to deal with cases against third-country nationals and the challenges it is facing in that regard. In addition, the Court’s case law will be analyzed in order to determine an increasing ‘emancipation’ of the case law of the International Criminal Court from international humanitarian law. The second part of the paper will briefly discuss the role of domestic international criminal law and domestic courts in the further development and enforcement of international criminal law. As an example of the role that domestic courts may have in clarifying classic issues in international law, the judgment of the German Supreme Court of January 28, 2021 (3 StR 564/19), which deals with the status of costumary international law on functional immunity of State officials before domestic courts, shall be assessed.
Y1  - 2022
UR  - https://publishup.uni-potsdam.de/frontdoor/index/index/docId/59589
SN  - 2509-3762
SN  - 2509-3770
IS  - 57
PB  - Berlin Potsdam Research Group International Law - Rise or Decline?
CY  - Berlin
ER  -