The ICC and Russian constitutional problems

Journal of International Criminal Justice

Volumn 3, Issue 3, 2005, Pages 621-626

  Tuzmukhamedov, Bakhtiyar ^a  

^a Diplomatic Academy   (Russian Federation)

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Indexed keywords

EID: 23844490083     PISSN: 14781387     EISSN: None     Source Type: Journal    
DOI: 10.1093/jicj/mqi048     Document Type: Article

References (6)

1. Ironically, both have signed bilateral 'Article 98' agreements with the United States. To the best of this author's knowledge, Russia had been approached with an offer to conclude a similar accord but suggested, as part of a deal, certain measures in the field of mutual legal assistance in criminal matters that the US side found unacceptable.
2. For a more detailed discussion, see this author's Konstitutsiya Rossiyskoy Federatsii i Statut Mezhdunarodnogo Ugolovnogo Suda: Vozmozhniye Puti Garmonizatsii [The Constitution of the Russian Federation and the Statue of the International Criminal Court: Approaches to Harmonization], in Russian Yearbook of International Law, Special Issue (in Russian, 2003), at 124-132.
3. Article IV of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.
4. See the Judgment of 11 July 2000.
5. Incidentally, the Constitutional Court of the Ukraine found an inconsistency between the Statute and the Ukrainian Constitution for this very reason. See opinion of the Court #3-b, of 11 July 2001. The English translation is on file with the author. See also Progress Report by Ukraine: The Implications for Council of Europe Member States of the Ratification of the Rome Statute of the International Criminal Court, CE doc. Consult/ICC (2001), Strasbourg, 9 August 2001, 26.
6. See, B. Tuzmukhamedov, 'The Implementation of International Humanitarian Law in the Russian Federation', 85 International Review of the Red Cross (30 June 2003) no. 850, at 393.