Lo Statuto della Corte penale internazionale come problema costituzionale.

The thesis concerns the most critical constitutional issues for the implementation of the Statute of the International Criminal Court in the Italian legal order. The research starts analyzing the possibility to find into the Italian Constitution a principle that, granting the Statute of Rome prevalence over national legislation, would justify the limitations of national sovereignty necessary to ensure the functioning of the International Criminal Court within the national legal system. It was found impossible both to consider Article 11 of the Constitution as the founding rule that could justify the participation of Italy to the Statute, and to refer to Article 10 of the Constitution, according to which: «Italian legal system conforms to generally recognized rules of international law». As the only applicable rule seems to be Article 117, paragraph 1, of the Constitution, the thesis tries to identify practical solutions to each constitutional issue involved. The respect of the principle of legality, the protection of habeas corpus, the effectiveness of amnesties and acts of pardon, the international and national immunities are the main issues analyzed, in order to determine whether the constitutional problems could be solved through an interpretative approach or if it is necessary to reform the Italian Constitution.