Complementarity In The Rome Statute And National Criminal Jurisdictions

Author : Jann K. Kleffner
Publisher : Oxford University Press
Page : 424 pages
File Size : 46,7 Mb
Release : 2008-12-18
Category : Law
ISBN : 9780199238453

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Complementarity in the Rome Statute and National Criminal Jurisdictions by Jann K. Kleffner Pdf

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 : Jo Stigen
Publisher : Martinus Nijhoff Publishers
Page : 549 pages
File Size : 42,6 Mb
Release : 2008
Category : Law
ISBN : 9789004169098

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The Relationship Between the International Criminal Court and National Jurisdictions by Jo Stigen Pdf

The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.

Author : Sarah M. H. Nouwen
Publisher : Cambridge University Press
Page : 529 pages
File Size : 43,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107010789

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Complementarity in the Line of Fire by Sarah M. H. Nouwen Pdf

"This book follows as LAW"--

Author : Mohamed El Zeidy
Publisher : BRILL
Page : 400 pages
File Size : 46,8 Mb
Release : 2008-09-17
Category : Law
ISBN : 9789047431480

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The Principle of Complementarity in International Criminal Law by Mohamed El Zeidy Pdf

The principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study 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. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux préparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come.

Author : Christian M. De Vos
Publisher : Cambridge University Press
Page : 389 pages
File Size : 43,5 Mb
Release : 2020-04-23
Category : Law
ISBN : 9781108472487

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Complementarity, Catalysts, Compliance by Christian M. De Vos Pdf

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

Author : Ovo Catherine Imoedemhe
Publisher : Springer
Page : 229 pages
File Size : 42,9 Mb
Release : 2016-11-26
Category : Law
ISBN : 9783319467801

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The Complementarity Regime of the International Criminal Court by Ovo Catherine Imoedemhe Pdf

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 : Kai Ambos,Otto Triffterer
Publisher : Unknown
Page : 353 pages
File Size : 54,5 Mb
Release : 2016
Category : Rome Statute of the International Criminal Court
ISBN : 1849469989

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Rome Statute of the International Criminal Court by Kai Ambos,Otto Triffterer Pdf

"On 1st July 2008, the Rome Statute of the International Criminal Court entered into force enabling the ICC, as laid down in the Preamble to the Statute, to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation". In the second edition of their Commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence", adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court", adopted by the Judges of the ICC in 2004. The second edition is a substantially revised and significantly amended version of the first edition of 1999, considering the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) as well as other international, "semi-international" or national courts and the relevant literature since 1999. The Commentary will be an invaluable aid to all practitioners and scholars dealing with the Rome Statute and the jurisdiction established by its "Complementarity Regime"."--Bloomsbury Publishing.

Author : Carsten Stahn,Mohamed M. El Zeidy
Publisher : Cambridge University Press
Page : 1293 pages
File Size : 43,6 Mb
Release : 2011-10-06
Category : Law
ISBN : 9781316139509

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The International Criminal Court and Complementarity by Carsten Stahn,Mohamed M. El Zeidy Pdf

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 : Otto Triffterer,Kai Ambos
Publisher : Hart Publishing Limited
Page : 1954 pages
File Size : 46,5 Mb
Release : 2008-01-01
Category : Criminal jurisdiction
ISBN : 3832909273

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Commentary on the Rome Statute of the International Criminal Court by Otto Triffterer,Kai Ambos Pdf

On July 1, 2008, the Rome Statute of the International Criminal Court (ICC) entered into force, enabling the ICC - as laid down in the Preamble to the Statute - to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation." In this second edition commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence," adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court," adopted by the Judges of the ICC in 2004. This substantially revised and significantly amended version considers the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); other international, "semi-international," or national courts; and the relevant literature since the publication of the first edition in 1999. This book has been selected in 2009 to receive the prestigious ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars.

Author : Thomas H.C. Lee
Publisher : BRILL
Page : 335 pages
File Size : 52,5 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004479838

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States' Responses to Issues Arising from the ICC Statute by Thomas H.C. Lee Pdf

This comparative study focuses on the legislative methods and techniques used in 12 countries to give effect to the International Criminal Court. The text covers both common law as well as civil law countries: Argentina; Brazil; South Africa; The Netherlands; Liechtenstein; France; Sweden; Germany; Norway; Italy; Canada; and the UK. The practice of each state forms a chapter focusing on constitutional, sovereign, and criminal issues. Two additional chapters discuss such issues now facing Japan and Mexico. The contributors focus on real issues encountered and methods and techniques actually employed with the purpose of serving as a practical guide to those countries that are still looking for methods to give effect to the Rome Statute. In each case the authors explain why certain legislative approaches were used and why others were not selected. The authors are all experts with years’ of experience in the field; most of them participated in preparing the relevant domestic laws and in the making of the Rome Statute. Published under the Transnational Publishers imprint.

Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 46,5 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004342217

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UN Security Council Referrals to the International Criminal Court by Alexandre Skander Galand Pdf

Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Author : Jann K. Kleffner,Gerben Kor
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 40,7 Mb
Release : 2006
Category : Law
ISBN : 9067046272

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Complementary Views on Complementarity by Jann K. Kleffner,Gerben Kor Pdf

One of the most fundamental precepts of the International Criminal Court is its complementary character. Complementarity defines the relationship between States and the Court. It denotes that cases are admissible before the International Criminal Court if a State remains wholly inactive or is unwilling or unable to investigate and prosecute genuinely crimes within the jurisdiction of the Court. Complementarity raises a myriad of questions, a discussion of which is widely held to stand central in understanding the Rome Statute of the International Criminal Court and the system of international criminal justice it establishes. With a view to address some of the most pertinent questions, the Amsterdam Center for International Law and the Department of Legal Philosophy at the Law Faculty of the Free University of Amsterdam held an international expert roundtable on the ‘Complementarity Principle of the Rome Statute of the International Criminal Court’ in June 2004. The roundtable provided a forum for high-level exchange between Ph.D. researchers and experts on the subject. As a framework for that exchange, a number of researchers presented a paper, which was commented upon by an expert. Questions addressed are: What role does complementarity play in ascertaining States’ consent to the Rome Statute? What is the relationship between complementarity and State sovereignty? What is the effect of complementarity on national repression of ICC crimes? What room, if any, does complementarity leave for non-criminal responses to ICC crimes, such as truth commissions and amnesties? How should complementarity be conceptualised in order to make the ICC a success? The papers and comments form the basis of the present book, which is the first to present a multidisciplinary view on complementarity. It is especially of interest to academics and advanced law students, as well as practitioners in the field of international criminal law, including judges, policy makers and government officials. Jann K. Kleffner is Assistant Professor of International Law at the Amsterdam Center for International Law, University of Amsterdam. Gerben Kor is Assistant Professor of Philosophy of Law, Free University of Amsterdam.

Author : Roberto Bellelli
Publisher : Routledge
Page : 706 pages
File Size : 47,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317114277

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International Criminal Justice by Roberto Bellelli Pdf

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Author : Susan Hannah Farbstein
Publisher : Unknown
Page : 98 pages
File Size : 53,5 Mb
Release : 2001
Category : Genocide
ISBN : UCBK:C073729503

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The Effectiveness of the Exercise of Jurisdiction by the International Criminal Court by Susan Hannah Farbstein Pdf

Author : Pavel Šturma
Publisher : BRILL
Page : 266 pages
File Size : 40,8 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004387553

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The Rome Statute of the ICC at Its Twentieth Anniversary by Pavel Šturma Pdf

This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.