Implementation in Benin

Benin ratified the Rome Statute on January 22, 2002. Both the government and civil society have acknowledged the need to review domestic legislation in the light of the Rome Statute. As there is an ongoing process of criminal law reform, it is hoped that ICC implementation will be incorporated in this process and that relevant provisions will be inserted in the new criminal code and code of criminal procedure which are currently being drafted.

Civil society in Benin has formed a Coalition for the ICC. This Coalition has undertaken a review of national legislation and has decided to prepare a comprehensive legal analysis of its compatibility with the Rome Statute. The government has agreed to refer to this document when drafting its legislation.

The current criminal code of Benin does not cover the crimes of the ICC Statute and therefore does not provide a basis for national proceedings to prosecute those crimes. Nor does the code of criminal procedure contain procedures for cooperation with the ICC. In particular, it does not provide for procedures for the arrest of a suspect on the request of the ICC or for the preservation of evidence or the protection of a witness. Human Rights First and Human Rights Watch have conducted a preliminary review the main issues that need to be addressed in Implementation of the Rome Statute in Benin: a concise legislative log book.