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The Complementarity Regime of the International Criminal Court: International Criminal Justice between State Sovereignty and the Fight against Impunity

The Complementarity Regime of the International Criminal Court: International Criminal Justice... I. Introduction II. The Nature of the Principle of Complementarity 1. Admissibility v. Jurisdiction 2. The Rationale of Complementarity III. Article 17 Analysed: The Substance of the Principle 1. Article 17 (1)(a) a. Unwillingness aa. Article 17 (2)(a) bb. Article 17 (2)(b) cc. Article 17 (2)(c) b. Inability (Article 17 (3)) 2. Article 17 (1)(b) 3. Complementarity and ne bis in idem (Article 17 (1)(c)) 4. Gravity of the Offence (Article 17 (1)(d)) IV The Procedural Framework 1. The Court as Arbiter over the Complementarity Regime 2. Duty of the Prosecutor to Inform States under Article 18 3. Request by States to Defer Investigation 4. Complementarity and the Security Council 5. Burden and Standard of Proof 6. Waiver of Complementarity V. Conclusion I. Introduction The Preamble of the Rome Statute of the International Criminal Courtl 1 and article 1 refer to the International Criminal Court (ICC) as an in- ternational institution that "shall be complementary to national crimi- nal jurisdictions".2 This complementary relationship between the ICC and national criminal jurisdictions means that, as opposed to the two ad hoc Tribunals,3 the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Max Planck Yearbook of United Nations Law Online Brill

The Complementarity Regime of the International Criminal Court: International Criminal Justice between State Sovereignty and the Fight against Impunity

Max Planck Yearbook of United Nations Law Online , Volume 7 (1): 42 – Jan 1, 2003
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1875-7413
DOI
10.1163/187574103X00112
Publisher site
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Abstract

I. Introduction II. The Nature of the Principle of Complementarity 1. Admissibility v. Jurisdiction 2. The Rationale of Complementarity III. Article 17 Analysed: The Substance of the Principle 1. Article 17 (1)(a) a. Unwillingness aa. Article 17 (2)(a) bb. Article 17 (2)(b) cc. Article 17 (2)(c) b. Inability (Article 17 (3)) 2. Article 17 (1)(b) 3. Complementarity and ne bis in idem (Article 17 (1)(c)) 4. Gravity of the Offence (Article 17 (1)(d)) IV The Procedural Framework 1. The Court as Arbiter over the Complementarity Regime 2. Duty of the Prosecutor to Inform States under Article 18 3. Request by States to Defer Investigation 4. Complementarity and the Security Council 5. Burden and Standard of Proof 6. Waiver of Complementarity V. Conclusion I. Introduction The Preamble of the Rome Statute of the International Criminal Courtl 1 and article 1 refer to the International Criminal Court (ICC) as an in- ternational institution that "shall be complementary to national crimi- nal jurisdictions".2 This complementary relationship between the ICC and national criminal jurisdictions means that, as opposed to the two ad hoc Tribunals,3 the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) the

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Max Planck Yearbook of United Nations Law Online – Brill

Published: Jan 1, 2003

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