The Relationship between the International Criminal Court and National Jurisdictions: The Principle of Complementary
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. When the International Criminal Court (ICC) finally became operational in 2002, the general public thought that impunity for international crimes such as war crimes, crimes against humanity and genocide was a thing of the past. The ICC was seen as a world court, which would bring justice to those who were most deprived of it. However, six-and-a-half years later, reality is a little less rosy: only one trial has commenced, other trials are still in the investigative phase, no verdicts in a major trial have been rendered, and no victims have received reparations. More importantly though, more often than not alleged crimes committed by state parties to the ICC Statute are not investigated by the Prosecutor of the ICC at all.
|KP.1 000235||KP.1 STI r||My Library||Available|
No other version available