tatute can still be prosecuted and punished by the ICC regardless of the number of years that have elapsed between the crime's commission and the indictment (article 29). In other words, the crimes within the jurisdiction of the ICC will not be subject to any statute of limitations.
The non-applicability of statutory limitations to ICC crimes should not normally pose constitutional problems, because constitutions usually do not contain such provisions. However, even in the absence of such a provision, there is a possibility of constitutional issues arising. For example, the French Constitutional Council found that the Rome Statute conflicted with the French Constitution by encroaching on the exercise of national sovereignty, by depriving France of its power to decide against prosecuting individuals under its authority who had committed an international crime thirty years earlier. Thus, France had to amend its Constitution, to ensure that it could meet its obligation to surrender in every case (see Appendix I for more details).
Obligations
States must ensure that persons may be surrendered to the ICC, even when statutory limitations would normally apply under national legislation to the crime for which they are being charged.
Implementation
States may wish to follow the example of France, by making a general amendment to their constitution that allows them to co-operate with the ICC in all situations. Or they may wish to introduce a more specific amendment, providing that their statute of limitations or other similar restrictions, do not apply to prevent the surrender of persons to the ICC.
Alternatively, these States can decide to amend their laws, specifying that no international crimes should be subject to a statute of limitations. This is the best solution if the State Party itself intends to prosecute all cases of international crimes involving perpetrators under their authority. It is also in conformity with the spirit of the International Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, which was adopted by the General Assembly in 1968.
In all situations, legislation to implement the Statute must include the possibility of surrendering an accused person to the ICC, even if the crime of which they are accused is subject to a statute of limitations under national law.
The surrender by a State of its own nationals
Description
The ICC will sometimes request that a State Party surrender one of its nationals, where that person is suspected of having committed a crime within the jurisdiction of the Court. However, this may pose difficulties for States where their constitution expressly prohibits them from extraditing their nationals, and it may require creative solutions. Such States should take into account the "distinct nature of the Court" (article 91 (2)(c)) when deciding how best to ensure that the nationality of the requested person does not affect surrender to the ICC.
Obligations
A State Party to the Statute cannot invoke any grounds for refusal to surrender based on the nationality of the accused, or a constitutional provision that prohibits them from extraditing nationals. When, in conformity with the Statute's provisions, and observing the principle of complementarity, the ICC requests that a State surrenders one of its nationals, every State Party is obliged to comply with this request.
Implementation
For many States, the possibility of surrendering nationals to the ICC does not necessitate adoption of any particular legislative measure other than one that would provide for the surrender of any person to the ICC. However, some States have a Constitution that expressly prohibits extradition of nationals. Th
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