Download or read book The International Criminal Court and Positive Complementarity ASP Institutional Framework written by Milton Owuor and published by GRIN Verlag. This book was released on 2018-06-19 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.
Download or read book The International Criminal Court and Positive Complementarity Legal and Institutional Framework written by Milton Owuor and published by GRIN Verlag. This book was released on 2018-08-13 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This, represents an unequivocally original contribution by this study to knowledge and research.
Download or read book The Complementarity Regime of the International Criminal Court written by Ovo Catherine Imoedemhe and published by Springer. This book was released on 2016-11-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.
Download or read book The Principle of Complementarity in International Criminal Law written by Mohamed M. El Zeidy and published by BRILL. This book was released on 2008 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Complementarity Catalysts Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Download or read book Why the question of the sufficiency of gravity in the Rome Statute remains problematic written by Milton Owuor and published by GRIN Verlag. This book was released on 2022-10-20 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 2.0, , language: English, abstract: The requirement of 'sufficient gravity', as one of the bases to determine the admissibility threshold for cases under the jurisdiction of the International Criminal Court (ICC), is a matter that has generated considerable scholarly discourse. The concept of gravity threshold is incredibly critical at almost every stage of the proceedings under the Rome Statute, before the ICC. It has been argued that gravity is an important factor in determining which situations should be authorized by the court for investigation, which suspects should be arraigned before the court for trial, and what sentence should be imposed on the individuals convicted of violations of Rome Statute crimes.
Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Active Complementarity written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2011-12-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Criminal Court and Positive Complementarity written by Emilie Hunter and published by . This book was released on 2014 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the effect of the International Criminal Court (ICC) on national criminal justice practices for core international crimes. It considers that the complementarity system of the ICC is firmly based upon the issues of admissibility established under Article 17 of the Rome Statute and that positive complementarity practices should remain coherent with and based upon that system. As such, the thesis is constructed to systematically analyse the legal requirements of 'admissibility-proof' criminal justice at the national level according to the law and early practices of the ICC. Through analysis of the applicable sources of law available to the ICC, including its emerging jurisprudence on admissibility, the thesis demonstrates that the ICC provides much greater latitude to national criminal jurisdictions than has previously been accepted and that this profoundly affects the concept of positive complementarity, including its legal foundation, its definition as well as its implementation, through policy and practice. Through analysis of each of the issues of admissibility the thesis proves that the emphasis on legal reform of substantive and procedural criminal law is over-emphasised to the negligence of several other factors. These factors include quantitative restrictions, shaped by the objects of reference of the ICC's own investigations and the ICC's case selection criteria. Turning to the indicators of willingness and ability, the thesis establishes that the early practice of the ICC has demonstrated that the complementarity system functions within a plural legal order that does not require States to exercise their criminal jurisdiction as a form of mimicry of the ICC, but largely according to the national laws and practices in place at the time. Notwithstanding this, the thesis argues that legal reform may be advisable to ensure the removal the omissions or procedural bars that could render a case admissible to the ICC.
Download or read book Complementarity Catalysts Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.
Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-09-30 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The International Criminal Court written by Andrew Novak and published by Springer. This book was released on 2015-03-11 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.
Download or read book Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Politicizing the International Criminal Court written by Steven C. Roach and published by Rowman & Littlefield. This book was released on 2006 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by OUP Oxford. This book was released on 2015-05-28 with total page 1620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Download or read book Complementary Views on Complementarity written by Jann K. Kleffner and published by T.M.C. Asser Press. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most fundamental precepts of the International Criminal Court is its complementary character. Complementarity defines the relationship between States and the Court. It denotes that cases are admissible before the International Criminal Court if a State remains wholly inactive or is unwilling or unable to investigate and prosecute genuinely crimes within the jurisdiction of the Court. Complementarity raises a myriad of questions, a discussion of which is widely held to stand central in understanding the Rome Statute of the International Criminal Court and the system of international criminal justice it establishes. With a view to address some of the most pertinent questions, the Amsterdam Center for International Law and the Department of Legal Philosophy at the Law Faculty of the Free University of Amsterdam held an international expert roundtable on the ‘Complementarity Principle of the Rome Statute of the International Criminal Court’ in June 2004. The roundtable provided a forum for high-level exchange between Ph.D. researchers and experts on the subject. As a framework for that exchange, a number of researchers presented a paper, which was commented upon by an expert. Questions addressed are: What role does complementarity play in ascertaining States’ consent to the Rome Statute? What is the relationship between complementarity and State sovereignty? What is the effect of complementarity on national repression of ICC crimes? What room, if any, does complementarity leave for non-criminal responses to ICC crimes, such as truth commissions and amnesties? How should complementarity be conceptualised in order to make the ICC a success? The papers and comments form the basis of the present book, which is the first to present a multidisciplinary view on complementarity. It is especially of interest to academics and advanced law students, as well as practitioners in the field of international criminal law, including judges, policy makers and government officials. Jann K. Kleffner is Assistant Professor of International Law at the Amsterdam Center for International Law, University of Amsterdam. Gerben Kor is Assistant Professor of Philosophy of Law, Free University of Amsterdam.
Download or read book Futures of International Criminal Justice written by Emma Palmer and published by Routledge. This book was released on 2021-12-22 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
