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Implementation in Niger

Niger ratified the Rome Statute on April 11, 2002. Human Rights First, together with Human Rights Watch and the NGO Coalition for the International Criminal Court (CICC) conducted a mission to Niger in February 2002 during which many meetings and discussions were held that helped to prompt Niger to ratify the Rome Statute among the first sixty States Parties.

Efforts to develop national implementing legislation went ahead and the crimes of the Statute were incorporated into the drafts of the new criminal code and the code of criminal procedure. The new criminal code was adopted by the National Assembly and the code of criminal procedure is still before Parliament.

The final versions of the codes are not yet available but it appears, on the basis of the draft texts discussed, that ICC implementation was limited to only some aspects of the Rome Statute. Moreover, the definitions of the crimes which have been inserted in the criminal code may not be in conformity with the Rome Statute. Furthermore, it is not clear whether any provision has been inserted to deal with command responsibility. The provision regarding the defense of superior orders does not appear to be in accord with the Rome Statute. Finally, with regard to the establishment of cooperation procedures, it does not seem that any provisions have been introduced in the draft code of criminal procedure at this stage.


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