[PDF] The Complementarity Regime Of The International Criminal Court eBook

Author : Ovo Catherine Imoedemhe
Publisher : Springer
Page : 241 pages
File Size : 31,99 MB
Release : 2016-11-26
Category : Law
ISBN : 3319467808

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This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

Author : Mohamed M. El Zeidy
Publisher : BRILL
Page : 401 pages
File Size : 30,58 MB
Release : 2008
Category : Law
ISBN : 9004166939

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Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.

Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 1293 pages
File Size : 33,30 MB
Release : 2011-10-06
Category : Law
ISBN : 1316139506

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This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Author : Christian M. De Vos
Publisher : Cambridge University Press
Page : 389 pages
File Size : 13,71 MB
Release : 2020-04-23
Category : Law
ISBN : 1108472486

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Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

Author : Sarah M. H. Nouwen
Publisher : Cambridge University Press
Page : 529 pages
File Size : 22,85 MB
Release : 2013-11-07
Category : Law
ISBN : 1107010780

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"This book follows as LAW"--

Author : Jann K. Kleffner
Publisher : Oxford University Press
Page : 424 pages
File Size : 48,56 MB
Release : 2008-12-18
Category : History
ISBN : 0199238456

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This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.

Author : Marlene Wind
Publisher : Cambridge University Press
Page : 373 pages
File Size : 35,36 MB
Release : 2018-07-12
Category : Law
ISBN : 1108661971

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International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.

Author : Eithne Dowds
Publisher : Bloomsbury Publishing
Page : 237 pages
File Size : 46,33 MB
Release : 2020-01-23
Category : Law
ISBN : 1509921907

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This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Author : Carsten Stahn
Publisher : BRILL
Page : 793 pages
File Size : 21,99 MB
Release : 2009
Category : Political Science
ISBN : 9004166556

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The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

Author : Steven Kayuni
Publisher : LAP Lambert Academic Publishing
Page : 100 pages
File Size : 48,23 MB
Release : 2012-06
Category :
ISBN : 9783659161797

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The Rome Statute of the International Criminal Court (ICC) does not include issues of peace and national reconciliation. Notwithstanding this, the ICC Prosecutor sits at a critical juncture in the structure of the Court, where the pressures of law and politics converge in initiating proceedings before the Pre-Trial Chamber. Complementarity principle remains a major feature of the ICC as the Court cannot exercise its jurisdiction unless there is a failure by a national judicial system. The national legal systems have to be genuinely unable and unwilling to do so. Therefore, every use of authoritative power has some influence, however slight, on the predispositions and capabilities that are part of the decision process. This book sets out an examination of the complementarity principle. It concludes that a policy-oriented approach to treaty interpretation of the complementarity regime would be ideal to the decision-making process that will achieve goals compatible with values of world public order and human dignity.