Complementarity in the Rome Statute and National Criminal Jurisdictions

Complementarity in the Rome Statute and National Criminal Jurisdictions

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This book addresses one of the central features of the Statute of the International Criminal Court, known as the 'principle of complementarity'. According to this principle, the ICC will only be able to address such cases in which States prove to be inactive, either 'unwilling' or 'unable' to proceed with investigations and prosecutions of 'core crimes' such as war crimes, crimes against humanity, and genocide at the domestic level. As such, complementaritycreates a presumption in favour of acting domestically, rather than at the international level. In the light of various obstacles which have prevented domestic courts from fulfilling a central task in the endevour to fight impunity, the book raises the question whether and to what extent the Statute ofthe ICC in general and the principle of complementarity in particular contribute anything to overcoming these obstacles.ARTICLES IN JOURNALS AND YEARBOOKS Abi-Saab, G, a#39;The Proper Role ofUniversalJurisdictiona#39; (2005) 1 JICJ ... Ugandaa#39;s Submission of the First State Referral to the International Criminal Courta#39; (2005) 99 AJIL 405a€”421 Alvarez, J, ... (2007) 56 ICLQ49a€”68 Bellinger, J B III and WJ Haynes II, a#39;A US 556 Bibliography.

Title:Complementarity in the Rome Statute and National Criminal Jurisdictions
Author: Jann K. Kleffner
Publisher:Oxford University Press - 2008-12-18

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