Complementarity In The Rome Statute And National Criminal Jurisdictions

Author : Jann K. Kleffner
Publisher : Oxford University Press
ISBN 13 : 0199238456
Total Pages : 424 pages
Book Rating : 4.53/5 ( download)

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Download or read book Complementarity in the Rome Statute and National Criminal Jurisdictions written by Jann K. Kleffner and published by Oxford University Press. This book was released on 2008-12-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004169091
Total Pages : 549 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Relationship Between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 1107010780
Total Pages : 529 pages
Book Rating : 4.89/5 ( download)

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Download or read book Complementarity in the Line of Fire written by Sarah M. H. Nouwen and published by Cambridge University Press. This book was released on 2013-11-07 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book follows as LAW"--

Author : Christian M. De Vos
Publisher : Cambridge University Press
ISBN 13 : 1108472486
Total Pages : 389 pages
Book Rating : 4.87/5 ( download)

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Download or read book Complementarity, Catalysts, Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1316139506
Total Pages : 1293 pages
Book Rating : 4.09/5 ( download)

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Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Mohamed M. El Zeidy
Publisher : BRILL
ISBN 13 : 9004166939
Total Pages : 401 pages
Book Rating : 4.36/5 ( download)

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Download or read book The Principle of Complementarity in International Criminal Law written by Mohamed M. El Zeidy and published by BRILL. This book was released on 2008 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Flavia Lattanzi
Publisher : © Editrice il Sirente
ISBN 13 : 8887847002
Total Pages : 546 pages
Book Rating : 4.00/5 ( download)

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Download or read book Essays on the Rome Statute of the International Criminal Court written by Flavia Lattanzi and published by © Editrice il Sirente. This book was released on 1999-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Alexandre Skander Galand
Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.17/5 ( download)

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Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Oumar Ba
Publisher : Cambridge University Press
ISBN 13 : 1108806082
Total Pages : 207 pages
Book Rating : 4.84/5 ( download)

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Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Author : Ovo Catherine Imoedemhe
Publisher : Springer
ISBN 13 : 3319467808
Total Pages : 229 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Complementarity Regime of the International Criminal Court written by Ovo Catherine Imoedemhe and published by Springer. This book was released on 2016-11-26 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.