Spans in 'Canada: CAH and WC Act' tagged with 'Relationship between Rome Statute and existing or developing rules of international law'

'Relationship between Rome Statute and existing or developing rules of international law' in document 'Canada: CAH and WC Act'

Jump to:

More information about the keyword 'Relationship between Rome Statute and existing or developing rules of international law'
More information about the document 'Canada: CAH and WC Act'
The relevant provisions of implementing legislation: [1] [2] [3] [4]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

OFFENCES WITHIN CANADA
4.
Interpretation -- customary international law
(4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of
Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law. This does not limit or prejudice in any way the application of existing
or developing rules of international law.

OFFENCES OUTSIDE CANADA
6.
Interpretation -- customary international law
(4) For greater certainty, crimes described in articles 6 and 7 and paragraph 2 of
article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law, and may be crimes according to customary international law before
that date. This does not limit or prejudice in any way the application of existing or
developing rules of international law.

OFFENCES WITHIN CANADA

4. Interpretation -- customary international law

(4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of
Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law. This does not limit or prejudice in any way the application of existing
or developing rules of international law.

OFFENCES OUTSIDE CANADA

6. Interpretation -- customary international law

(4) For greater certainty, crimes described in articles 6 and 7 and paragraph 2 of
article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law, and may be crimes according to customary international law before
that date. This does not limit or prejudice in any way the application of existing or
developing rules of international law.

RELEVANT ROME STATUTE PROVISIONS

Article 10
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.

ANALYSIS

This provision follows the ICC Statute.

The CAHWCA 2000 reflects the understanding that the Rome Statute is not fully reflective of customary international law, and allows the courts of Canada to refer to the customary definitions.