The Constitutional Court of Armenia on Friday publicized its decision, “Regarding determining the matter of compliance of the obligations stipulated in the Rome Statute of the International Criminal Court with the Constitution [of Armenia],”
And the Constitutional Court ruled that the obligations stipulated in the declaration on the retroactive recognition of the jurisdiction of the International Criminal Court comply with the Constitution of Armenia.
The matter was discussed in a written procedure. The decision is final and takes effect from the moment of its being issued.
At the end of 2022, the Armenian government had petitioned to the Constitutional Court on this matter. Reflecting on the matter of recognition of the Rome Statute, according to the government, is due to the fact that an opportunity arises to call Azerbaijan to account for its war crimes. The Rome Statute was signed on July 17, 1998, but Armenia had not ratified it until today because in 2004, the Constitutional Court of Armenia had considered the obligations of this agreement as contradicting several provisions of the then-constitution of Armenia.
The Constitutional Court, in particular, had decided that the obligation laid down in the agreement on the Rome Statute of the International Criminal Court, according to which the International Criminal Court complements the domestic criminal jurisdiction bodies of Armenia, does not comply with Articles 91 and 92 of the Constitution of Armenia.
According to Article 91 of the 2004 Constitution of Armenia, justice in Armenia is administered only by courts—and in accordance with the constitution and laws. And in the cases provided by the law, trial is carried out with the participation of jury.
And Article 92 stipulated that the courts of first instance, the appeal courts, and the Court of Cassation are the courts of general jurisdiction of Armenia.