HOW DOES INTERNATIONAL LAW APPLY IN A DOMESTIC LEGAL SYSTEM? This can be easily explained through both the Dualist and Monist Systems whereby States see the interaction between international and national law in two different ways. Monism and dualism are used to describe these two different legal traditions. MONISM In States with a monist system international law does not need to be translated into national law. The act of ratifying an international treaty immediately incorporates that international law into national law. The ICC Statute, therefore, can be directly applied and adjudicated in national courts. “Monist systems” do differ in their approach. • Under some Constitutions direct incorporation of international obligations into the domestic law occur on ratification. • In other States direct incorporation occurs only for self-executing treaties. DUALISM For States with a “dualist system”, international law is not directly applicable domestically. It must first be translated into national legislation before it can be applied by the national courts. Therefore, for a dualist State ratification of the ICC Statute is not enough and national implementing legislation is necessary. War crimes trials, for example, can only take place when the national legislation is enacted, unless of course such legislation already exists.
Posted on: Fri, 06 Sep 2013 11:02:47 +0000
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