Upon becoming a State Party to the Rome Statute of the International Criminal Court, most countries face the need to adopt implementing legislation. This is due to the so-called principle of complementarity, which tacitly presumes that States are able to prosecute the same crimes at the ICC, and also because legislation might be necessary for the State to cooperate with the Court. In Estonia, the relevant provisions are contained in the fairly new and modern Penal Code and the Code of Criminal Procedure. The article at hand outlines some of the problems that still remain in Estonian law with regard to the ICC.
lecturer in International Law, Institute of Law, University of Tartu; research fellow, Erik Castrén Institute of International Law and Human Rights, University of Helsinki