الموقف الفقهي و القانوني لإنفاذ نظام روما الأساسي في التشريعات الوطنية

Abstract EN

The Rome Statute is subject, with regard to its enforcement, to the rules of ratification that are governed by international conventions.

It is not enough just to sign, but the state must express its commitment to the system and its final acceptance.

Whereas Article 11 of the Vienna Convention on Treaties indicated that “a state may express its consent to be bound by a treaty by signing it, exchanging its constituent documents, ratification, acceptance, approval, accession to it, or by any other means.

The importance of this research is to clarify the position of jurists and legislation regarding the implementation of the Rome Statute in national legislation.

The researcher used the descriptive analytical method to find out the interpretation of the research topic, drawing on previous studies and literature on this topic.

It dealt with the position of jurisprudence on the basis for the implementation of the Rome Statute in national legislation in the first section, and in the second section, the position of national legislation on the basis of the implementation of the Rome Statute in it.

And it reached a number of results, the most important of which are: International law did not impose on states specific ways to implement treaties within their national legislation, as each state has full powers and authorities in determining how and how to enforce treaties.

The Egyptian constitution takes the theory of the unity of law, as well as the overall rulings of the Egyptian judiciary tend to adopt it, while the UAE constitution adopts the theory of duality of law; Because a federal decree or federal law is required for a treaty to become effective.