México ante la corte penal internacional

Abstract

The decision to ratify the Rome Statute has been accompanied, in most of the countries, by a generalized debate, nonfree of controversy, focused in the compatibility of this text, with the Constitutions of the respective States. Particularly, Mexico is in a decisive moment about the incorporation of this international instrument to its internal legislation. The statute was signed on September the 7th of 2000, however the ratification process has not been completed because there is a great discord about reforming the Mexican Constitution, that contains institutions like the non bis in idem, the immunity and the prescription of the criminal action, that are in apparent contradiction with the principles contained in the Statute of Rome. This article proposes a material interpretation of the constitutional text that concludes in the overcoming of the apparent contradictions between the Mexican legislation and the Statute of Rome, in addition, describes the present state of the ratification of this international instrument that has concluded, actually, in a debated constitutional reform.