The Principle of Complementarity in International Criminal Law
Title | The Principle of Complementarity in International Criminal Law PDF eBook |
Author | Mohamed M. El Zeidy |
Publisher | BRILL |
Pages | 401 |
Release | 2008 |
Genre | Law |
ISBN | 9004166939 |
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 Principle of Complementarity in International Criminal Law
Title | The Principle of Complementarity in International Criminal Law PDF eBook |
Author | Mohamed El Zeidy |
Publisher | BRILL |
Pages | 400 |
Release | 2008-12-31 |
Genre | Law |
ISBN | 9047431480 |
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. “The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer”. Prof. William A. Schabas, OC MRIA National University of Ireland, Galway.
The International Criminal Court and Complementarity
Title | The International Criminal Court and Complementarity PDF eBook |
Author | Carsten Stahn |
Publisher | Cambridge University Press |
Pages | 1293 |
Release | 2011-10-06 |
Genre | Law |
ISBN | 1316139506 |
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
Title | The Relationship Between the International Criminal Court and National Jurisdictions PDF eBook |
Author | Jo Stigen |
Publisher | Martinus Nijhoff Publishers |
Pages | 549 |
Release | 2008 |
Genre | Law |
ISBN | 9004169091 |
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, Catalysts, Compliance
Title | Complementarity, Catalysts, Compliance PDF eBook |
Author | Christian M. De Vos |
Publisher | Cambridge University Press |
Pages | 389 |
Release | 2020-04-23 |
Genre | Law |
ISBN | 1108472486 |
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Complementarity in the Line of Fire
Title | Complementarity in the Line of Fire PDF eBook |
Author | Sarah M. H. Nouwen |
Publisher | Cambridge University Press |
Pages | 529 |
Release | 2013-11-07 |
Genre | Law |
ISBN | 1107010780 |
"This book follows as LAW"--
States of Justice
Title | States of Justice PDF eBook |
Author | Oumar Ba |
Publisher | Cambridge University Press |
Pages | 207 |
Release | 2020-07-02 |
Genre | Law |
ISBN | 1108806082 |
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.