ICC규정 이행입법안 연구- 독일 및 스위스의 경우를 중심으로 -

Abstract

The successful functioning of International Criminal Court will rely on the cooperation and assistance of States Parties to the Rome Statute. In implementing the Rome Statute on domestic level, it is necessary to enact new law or revise the existing laws in order to incorporate the elements of the international crimes over which the ICC has the jurisdiction and general principles of criminal law and enable Korea to fully cooperate with the ICC. It has been suggested that in enacting the implementation laws the ratifying states separate the international crimes code from the law on the cooperation with the ICC. As to the issue of applicable criminal law provisions, it is important to note that the civil law countries have a very strict approach to rullun crimen sine lege. Therefore, it does not suffice that an act was criminal at the time of its commission, but the crime and the possible range of sanctions must have been defined in a Korean legislation. Concerning the Rome Statute implementation act, this act should regulate the surrender of suspects, as well as, for instance, the taking of evidence, conducting searches and seizure, questioning witness and undertaking other measures which Korea may be required to cooperate with the Court. Moreover, as indicated in the German Law, Korea should not merely implement what it must do under the Rome Statute, but go further than is required by the Statute in order to help the Court to work more effectively and to render its procedures a little smoother.