The constitutionality ratification of the Statute of the Rome by El Salvador

Abstract

El Salvador is one of the three Latin American countries that is still not part of the International Criminal Court. (ICC)The International Criminal Court is the first permanent criminal court, which main objective is to prosecute to those who have committed crimes against humanity, war crimes, genocide and aggression. The ICC is laid down in the complementary principle. According to this principle, if a State is unwilling or incapable to carry out an investigation or prosecution, then the case can be brought to the ICC. In other words, is conditio sine quanon to exhaust the domestic remedies The ICC has a double dimension: a security dimension, which can be understood as peace-maintaining agent; and be a criminal court as a proper role, prosecute to those who have committed crimes under its jurisdiction. El Salvador is still not part of this international jurisdiction alleging that becoming part could harm some constitutional dispositions. However in the following dissertation it will be a legal, human rights and analytical discussion on how it is possible to become part of the ICC and do not violate the Salvadorian Constitution