Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes
Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2010-08-01

Total Pages: 314

ISBN-13: 8293081147

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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.

State Sovereignty and International Criminal Law
State Sovereignty and International Criminal Law

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2012-11-19

Total Pages: 300

ISBN-13: 829308135X

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

The Relationship between the International Criminal Court and National Jurisdictions
The Relationship between the International Criminal Court and National Jurisdictions

Author: Jo Stigen

Publisher: BRILL

Published: 2008-09-30

Total Pages: 548

ISBN-13: 904743174X

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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.

Complementarity in the Rome Statute and National Criminal Jurisdictions
Complementarity in the Rome Statute and National Criminal Jurisdictions

Author: Jann K. Kleffner

Publisher: Oxford University Press

Published: 2008-12-18

Total Pages: 424

ISBN-13: 0199238456

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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 Jurisdiction of the International Criminal Court
The Jurisdiction of the International Criminal Court

Author: Victor Tsilonis

Publisher: Springer Nature

Published: 2019-11-23

Total Pages: 292

ISBN-13: 3030215261

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The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.

The Principle of Complementarity in International Criminal Law
The Principle of Complementarity in International Criminal Law

Author: Mohamed El Zeidy

Publisher: BRILL

Published: 2008-12-31

Total Pages: 400

ISBN-13: 9047431480

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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.

UN Security Council Referrals to the International Criminal Court
UN Security Council Referrals to the International Criminal Court

Author: Alexandre Skander Galand

Publisher: BRILL

Published: 2018-11-22

Total Pages: 278

ISBN-13: 9004342214

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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.

Complementarity, Catalysts, Compliance
Complementarity, Catalysts, Compliance

Author: Christian M. De Vos

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 389

ISBN-13: 1108472486

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Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

The International Criminal Court
The International Criminal Court

Author: Olympia Bekou

Publisher: Routledge

Published: 2017-11-28

Total Pages: 508

ISBN-13: 1351146386

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The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.