The Complementarity Regime Of The International Criminal Court PDF Download
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Author | : Ovo Catherine Imoedemhe |
Publisher | : Springer |
Total Pages | : 241 |
Release | : 2016-11-26 |
Genre | : Law |
ISBN | : 3319467808 |
Download The Complementarity Regime of the International Criminal Court Book in PDF, ePub and Kindle
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 |
Total Pages | : 401 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004166939 |
Download The Principle of Complementarity in International Criminal Law Book in PDF, ePub and Kindle
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 |
Total Pages | : 1293 |
Release | : 2011-10-06 |
Genre | : Law |
ISBN | : 1316139506 |
Download The International Criminal Court and Complementarity Book in PDF, ePub and Kindle
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 | : Sarah M. H. Nouwen |
Publisher | : Cambridge University Press |
Total Pages | : 529 |
Release | : 2013-11-07 |
Genre | : Law |
ISBN | : 1107010780 |
Download Complementarity in the Line of Fire Book in PDF, ePub and Kindle
"This book follows as LAW"--
Author | : Christian M. De Vos |
Publisher | : Cambridge University Press |
Total Pages | : 389 |
Release | : 2020-04-23 |
Genre | : Law |
ISBN | : 1108472486 |
Download Complementarity, Catalysts, Compliance Book in PDF, ePub and Kindle
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Author | : Jann K. Kleffner |
Publisher | : Oxford University Press |
Total Pages | : 424 |
Release | : 2008-12-18 |
Genre | : History |
ISBN | : 0199238456 |
Download Complementarity in the Rome Statute and National Criminal Jurisdictions Book in PDF, ePub and Kindle
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 | : BRILL |
Total Pages | : 548 |
Release | : 2008-09-30 |
Genre | : Law |
ISBN | : 904743174X |
Download The Relationship between the International Criminal Court and National Jurisdictions Book in PDF, ePub and Kindle
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-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 | : Steven Kayuni |
Publisher | : LAP Lambert Academic Publishing |
Total Pages | : 100 |
Release | : 2012-06 |
Genre | : |
ISBN | : 9783659161797 |
Download International Criminal Court's Complementarity Principle Book in PDF, ePub and Kindle
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.
Author | : Eithne Dowds |
Publisher | : Bloomsbury Publishing |
Total Pages | : 237 |
Release | : 2020-01-23 |
Genre | : Law |
ISBN | : 1509921907 |
Download Feminist Engagement with International Criminal Law Book in PDF, ePub and Kindle
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 | : Marlene Wind |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2018-07-12 |
Genre | : Law |
ISBN | : 1108661971 |
Download International Courts and Domestic Politics Book in PDF, ePub and Kindle
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.