es so require.
Article 68
The President of the Republic shall not be held liable for acts performed in the exercise of his duties except in the case of high treason. He may be indicted only by the two assemblies ruling by identical votes in open ballots and by an absolute majority of their members; he shall be tried by the High Court of Justice.
TITLE X
ON THE CRIMINAL LIABILITY OF MEMBERS OF THE GOVERNMENT
Article 68-1
Members of the Government shall be criminally liable for acts performed in the exercise of their duties and classified as serious crimes or other major offences at the time they were committed. They shall be tried by the Court of Justice of the Republiv. The Court of Justice of the Republic shall be bound by such definition of serious crimes and other major offences and such determination of penalties as are laid down by statute. (http://www.assemblee-nationale.fr/8/8ab.htm)
2) The jurisdiction of the ICC affects the conditions for exercise of national sovereignty.
There are two scenarios where this would be so. First, in the event that the French Parliament passed an amnesty bill, the ICC might decide it had jurisdiction to prosecute individuals benefiting from such a law. Further, since there is no statute of limitations for crimes listed under the Statute, the ICC could exercise its jurisdiction and prosecute an individual despite the existence of French laws providing limitations on criminal offences, including international crimes.
3) The powers of the ICC Prosecutor affect the conditions for exercise of national sovereignty.
The power of the prosecutor to gather depositions from witnesses and conduct site inspections on a State's territory contradicts the rule giving French judicial authorities sole responsibility to perform actions requested in the name of legal co-operation by a foreign authority.
The Solution Adopted by France
The French government considered that these were not major obstacles and could be surmounted by the inclusion of a new provision in the Constitution. They therefore added Article 53-2, written as follows:
The Republic may recognize the jurisdiction of the International Criminal Courtas provided by the treaty signed on 18 July 1998. (Constitutional Law No. 99-568, July 8, 1999, inserting in Title VI of the Constitution, Article 53-2 with regard to the International Criminal Court, J.O. No. 157, July 9, 1999, 10 175).
The French justice minister affirms that this new article covers all the issues of unconstitutionality raised by the Constitutional Council and allows France to ratify the Rome Statute (Ministry of Justice of France, Cour penale internationale, adoption du projet de loi constitutionnel, 1999, http://www.justice.gouv.fr/arbo/publicat/note13.htm). The advantage of this type of constitutional reform is that it implicitly amends the constitutional provisions in question, without opening an extensive public debate on the merits of the provisions themselves.
Appendix II
INTERNATIONAL INSTRUMENTS
CRIMINALISING WAR CRIMES
Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal, 8 August 1945, 82 R.T.N.U. 279, art. 6(b).
Charte du Tribunal international pour l'Extreme-Orient, Proclamation speciale du Commandant supreme des Forces alliees en Extreme-Orient, 4 Bevans 20, amende, 4 Bevans 27 (Statut constitutif du Tribunal de Tokyo), reproduit en francais dans S. GLASER, Droit international penal conventionnel, vol. I, (Bruxelles: Bruylant, 1970) p. 225, art. 5(b)
Convention (I) for the Amelioration of the Condition of the
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