International Cirminal Law Review 8 (2008) 185–228 © Koninklijke Brill NV, Leiden, 2008 DOI 10.1163/156753608X265286 www.brill.nl/icla International Criminal Law Review Th e Principle of Complementarity in the Cases of the Sudanese Nationals Ahmad Harun and Ali Kushayb before the International Criminal Court Jakob Pichon * Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany Abstract In April 2007, the Pre-Trial Chamber I of the International Criminal Court (ICC) issued its ﬁ rst arrest warrants with regard to the situation in Darfur. Addressees of these measures are the Minister for Humanitarian Aﬀ airs and former Minister for the Interior Ahmad Harun and the alleged Janjaweed leader Ali Kushayb , who both at the time of writing have not yet been surrendered to the ICC. On the contrary: Sudan consistently invokes its national sovereignty and its ability to prose- cute its nationals itself. However, with regard to Harun and Kushayb , there is reason to hold strong doubts as to Sudan’s ability and willingness to seriously prosecute them. Th erefore, this article assesses the admissibility of these two cases before the ICC, focusing on the principle of complemen- tarity. For this the article starts with
International Criminal Law Review – Brill
Published: Jan 1, 2008
Keywords: INTERIM NATIONAL CONSTITUTION OF SUDAN; UNITED NATIONS COMMISSION OF INQUIRY ON DARFUR (UNCOI); DARFUR (SUDAN); INTERNATIONAL CRIMINAL COURT (ICC); AHMAD HARUN; PRINCIPLE OF COMPLEMENTARITY; ALI KUSHAYB; UNWILLINGNESS; UNITED NATIONS SECURITY COUNCIL; INABILITY
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