Proposed Legal Framework

Abstract

This chapter delivers solutions in order to incorporate adequately international criminal law in the Mexican legal system. Amendments to the existing laws and selective adaptation of specific provisions are suggested. The major objective of these suggestions is to avoid gaps between international and domestic law. Legislative measures are suggested to the Mexican Constitution, Federal Criminal Code, Code of Military Justice and other secondary bodies of law which relate to international criminal law. Historical, Political and factual considerations are made when drawing upon these suggestions. Legislative steering also needs granting effectiveness to these rules and translating them into actual investigations and prosecutions. This requires political will, however the measures suggested would bring recognition for victims, promote civic trust, and contribute to the strengthening of the rule of democratic law. A transitional justice approach is also suggested as it provides clarification of facts, which in turn leads to the dismantling of corrupt structures, thereby fulfilling the preventive function of law enforcement vis-a-vis criminality.