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Updates on Armenia

31 Dec 2005

As of September 2004, the Constitutional Court had delivered a negative opinion on the compatibility of the Rome Statute of the ICC with the national legislation. The reasons for this decision were: (a) the ICC was seen as supplementing the national judicial system (contradicting art 91 and 92 of the Constitution); and (b) national authorities would be deprived of the right to grant pardons.

According to an unofficial translation of the ICC-relevant excerpts of the decision of the Court of the Armenian Constitutional Court:

"1. The Rome Statute of the International Criminal Court adopted on 17 July 1998 establishes that the International Criminal Court complements the Republic of Armenia's interstate judicial bodies (10th preambular paragraph of the Rome Statute) which contradicts the Constitution of the Republic of Armenia according to articles 91 and 92.

2. Article 105 of Rome Statute that was undertaken as an obligation excludes the right of sentenced persons' to a pardon and the possibility of universal forgiveness processes on the interstate level which contradicts the demands of Article 40, point 17 of Article 55, and the first demand of Article 1 of The Constitution of Republic of Armenia."

Articles 91 and 92 of the Constitution read as follows (unofficial translation):

"Chapter 6 of the Armenian Constitution

Judicial Power
Article 91. In the Republic of Armenia, justice shall be administered solely by the courts in accordance with the Constitution and the laws. In cases prescribed by law, trials are held with the participation of a jury.

Article 92. The Courts of general jurisdiction in the Republic of Armenia shall be the courts of first instance, the review courts and the court of appeals. In the Republic of Armenia , there shall also be economic, military and other courts as may be provided by law.
The establishment of extraordinary courts is prohibited."

In August 2003, a new criminal code entered into force. Section 13 of the Code - "Crimes against peace and human security" provides the definitions of: 1. Genocide (art. 393); 2. Serious breaches of international humanitarian law during armed conflicts (art. 391); and 3. Crimes against human security (art. 392). The general part of the Code regulates the statute of limitation: while not applying to most of the crimes included in Section 13, it applies to "crimes against human security" under Article 392.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Armenia 31 Dec 2005 As of September 2004, the Constitutional Court had delivered a negative opinion on the compatibility of the Rome Statute of the ICC with the national legislation. The reasons for this decision were: (a) the ICC was seen as supplementing the national judicial system (contradicting art 91 and 92 of the Constitution); and (b) national authorities would be deprived of the right to grant pardons. According to an unofficial translation of the ICC-relevant excerpts of the decision of the Court of the Armenian Constitutional Court: "1. The Rome Statute of the International Criminal Court adopted on 17 July 1998 establishes that the International Criminal Court complements the Republic of Armenia's interstate judicial bodies (10th preambular paragraph of the Rome Statute) which contradicts the Constitution of the Republic of Armenia according to articles 91 and 92. 2. Article 105 of Rome Statute that was undertaken as an obligation excludes the right of sentenced persons' to a pardon and the possibility of universal forgiveness processes on the interstate level which contradicts the demands of Article 40, point 17 of Article 55, and the first demand of Article 1 of The Constitution of Republic of Armenia." Articles 91 and 92 of the Constitution read as follows (unofficial translation): "Chapter 6 of the Armenian Constitution Judicial Power Article 91. In the Republic of Armenia, justice shall be administered solely by the courts in accordance with the Constitution and the laws. In cases prescribed by law, trials are held with the participation of a jury. Article 92. The Courts of general jurisdiction in the Republic of Armenia shall be the courts of first instance, the review courts and the court of appeals. In the Republic of Armenia , there shall also be economic, military and other courts as may be provided by law. The establishment of extraordinary courts is prohibited." In August 2003, a new criminal code entered into force. Section 13 of the Code - "Crimes against peace and human security" provides the definitions of: 1. Genocide (art. 393); 2. Serious breaches of international humanitarian law during armed conflicts (art. 391); and 3. Crimes against human security (art. 392). The general part of the Code regulates the statute of limitation: while not applying to most of the crimes included in Section 13, it applies to "crimes against human security" under Article 392.