The Lack of Attention to the Distinction between Situations and Cases in National Laws on Co-operation with the International Criminal Court with Particular Reference to the Spanish Case

This essay examines the impact of the distinction between situations and cases under the Rome Statute in national laws on co-operation with the ICC. It argues that this distinction is likely to create difficulties in three areas: (i) the communication of the notitia criminis to the Court; (ii) admissibility issues in proceedings under Articles 18 and 19 of the Statute; and (iii) the efficacy at national level of admissibility rulings by the Court.