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31 Dec 2005

The criminal code was probably going to be amended in 2005. In June 2004, the government declared that it would modify the definition of the crime of genocide, in conformity with the definition in the Rome Statute. A law on cooperation with the ICC is necessary.

The Albanian Parliament ratified the Rome Statute for the ICC on the 23 of December 2002, and subsequently, the Ministry of Foreign Affairs prepared the instrument of ratification for deposit.

Prior to ratification, the Constitutional Court ruled on the compatibility of the Rome Statute with the Constitution on 23 September 2002, concluding that the Statute did not contradict the Constitution. Therefore, there were no constitutional obstacles to its ratification.

The government considered whether there was a need to amend the Constitution, and established a working group of legal experts to determine any necessary changes to the criminal law.

The issues that raised constitutional questions were: the ability to transfer judicial powers to international bodies; immunity from criminal prosecution provided by Albanian Law for several official capacities; and the principle ne bis in idem in certain cases.

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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 Albania 31 Dec 2005 The criminal code was probably going to be amended in 2005. In June 2004, the government declared that it would modify the definition of the crime of genocide, in conformity with the definition in the Rome Statute. A law on cooperation with the ICC is necessary. The Albanian Parliament ratified the Rome Statute for the ICC on the 23 of December 2002, and subsequently, the Ministry of Foreign Affairs prepared the instrument of ratification for deposit. Prior to ratification, the Constitutional Court ruled on the compatibility of the Rome Statute with the Constitution on 23 September 2002, concluding that the Statute did not contradict the Constitution. Therefore, there were no constitutional obstacles to its ratification. The government considered whether there was a need to amend the Constitution, and established a working group of legal experts to determine any necessary changes to the criminal law. The issues that raised constitutional questions were: the ability to transfer judicial powers to international bodies; immunity from criminal prosecution provided by Albanian Law for several official capacities; and the principle ne bis in idem in certain cases.