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Updates on Italy

31 Dec 2005

Italy ratified on 26 July 1999, becoming the 4th State Party.

In December 2002, a new ad hoc interdepartmental commission was set up within the Ministries of Justice and Foreign Affairs, in order to continue preparing the necessary draft implementing legislation. The commission was expected to present a full text on cooperation to the Ministry of Justice in December 2002. Other implementing legislation will be prepared after the Ministry of Defence has completed reforms to the military code of war.

Previously, an inter-department commission on draft implementing legislation was established within the Ministries of Foreign Affairs and Justice, but was dismissed at the beginning of 2002.

On 17 May 2002, M. Giovanni Kessler, from the main right-wing party, and other members of the Italian Parliament submitted a proposal of law on implementation of Rome Statute into domestic law.

According to several prominent jurists, the subject-matter jurisdiction of the ICC is already part of Italian Law, because Article 10 of the Italian Constitution provides for automatic implementation of customary international law into domestic law.

Potential constitutional problems have been raised concerning immunities of government ministries, parliamentarians, and judges of the Constitutional Court, and extradition of nationals (allowed now only for political crimes).