The International Criminal Court And Complementarity Set
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Professor of International Criminal Law and Global Justice Carsten Stahn,Mohamed M. El Zeidy
Author : Professor of International Criminal Law and Global Justice Carsten Stahn,Mohamed M. El Zeidy Publisher : Unknown Page : 1326 pages File Size : 43,8 Mb Release : 2014-07-01 Category : Complementarity (International law) ISBN : 1316140733
The International Criminal Court and Complementarity Set by Professor of International Criminal Law and Global Justice Carsten Stahn,Mohamed M. El Zeidy Pdf
Analyses the interaction between the ICC and domestic jurisdictions from a multidisciplinary and situation-related perspective.
The Principle of Complementarity in International Criminal Law by Mohamed M. El Zeidy Pdf
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.
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.
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.
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.
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 : Christian M. De Vos Publisher : Cambridge University Press Page : 389 pages File Size : 52,8 Mb Release : 2020-04-23 Category : Law ISBN : 9781108472487
Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes by Morten Bergsmo Pdf
This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
The International Criminal Court and Positive Complementarity. ASP Institutional Framework by Milton Owuor Pdf
Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.
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.
An Introduction to the International Criminal Court by William A. Schabas Pdf
The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.
The International Criminal Court by Florian Razesberger Pdf
This book provides a brief overview of the historical roots of the International Criminal Court and explains the unique character and purpose of the principle of complementarity within the Rome Statute and its other constituent instruments. The author also examines article 17, the core provision in relation to complementarity, and describes its application in different phases of the proceedings before the ICC. This study tries to highlight the problematic issue of amnesties, which is not covered by the respective legal instruments, and questions the political and judicial implications of complementarity. This book is intended as a practical handbook rather than a theoretical inquiry.
Author : Sarah M. H. Nouwen Publisher : Cambridge University Press Page : 529 pages File Size : 45,9 Mb Release : 2013-11-07 Category : Law ISBN : 9781107010789
The International Criminal Court and National Courts by Nidal Nabil Jurdi Pdf
This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
