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Part 7 Penalties: Les Peines, Art.80 Non-prejudice to national application of penalties and national laws/Le Statut, l’application des peines par les états et le droit national

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Subject(s):
Capital punishment — Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 80 of the Rome Statute of the International Criminal Court. Article 80 deals with the application by States of penalties prescribed by their national law. The provision was introduced in the final draft, submitted to the Conference early in the day on 17 July 1998, as part of a compromise aimed at calming the objections of a relatively small number of States that had unsuccessfully campaigned to include capital punishment within the range of available penalties in the Rome Statute. Some of these States were concerned that the exclusion of the death penalty would be interpreted as evidence of a growing abolitionist trend internationally and possibly of an emerging norm of customary international law.

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