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By Miranda Francisco Luís Coutinho de

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Not only does this mean that, in cases of conÁict, the provisions of the Rome Statute will prevail, but also that national legislation should be interpreted in the spirit of the Statute. According to Article 131(a) of the Constitution, should a conÁict arise, it is left to the Constitutional Court to give a decision as to compatibility of treaties with domestic legislation. It remains to be seen whether the Constitutional Court will be confronted with such cases in the future and whether the Court would be willing to embrace the jurisprudence of the ICC regarding the interpretation of the Rome Statute.

2. 1. 1. Implementing the Rome Statute in Europe 23 risks and might seriously damage their external relations. Further, prominent failures to bring perpetrators to justice might mitigate or even obliterate the deterrent effect of the entire machinery. Proceedings with little realistic prospect of eventual conviction should therefore be avoided. On the other hand, merely symbolic implementations of universal jurisdiction, or the exercise of universal jurisdiction only in cases against nationals of weak states would likewise discredit decentralized enforcement.

This question, as well as the question whether Europe is indeed a forerunner in respect of ‘convergence’, require further research covering different areas of international law as well as different regions of the world, to which the present article might make a small contribution. b. (immunity of the monarch). (i). 3. b. Implementation of the Rome Statute in Albania Mirela Shuteriqi* I. 1 Despite being one of the Àrst countries to sign, Albania did not ratify the Statute until 31 January 2003. RatiÀcation was contingent upon the approval of the Parliament,2 which took place on 23 December 2002.

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