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The Principle of Complementarity in International Criminal Law: Origin, Development and Practice

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ISBN13: 9789004166936
Published: October 2008
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £120.00

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.

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International Criminal Law
Part A: Chapter I: Development of the Law on Complementarity between 1919 – 1937:
1. The Treaty of Versailles
2. Other Peace Treaties (St Germain-En-Laye, Trianon, Neuilly-Sure-Seine, and Sèvres)
3. The 1920 Advisory Committee of Jurists
4. The 1922–1924 Conferences of the International Law Association
1925 Inter-Parliamentary Union Conference
1926 International Congress of Penal Law
1937 League of Nations Convention for the Creation of an International Criminal Court
Concluding Observations
Chapter II: The Development of the Law on Complementarity between 1941-1994:
1. London International Assembly
2. International Commission for Penal Reconstruction and Development
3. Draft Convention for the Establishment of a United Nations War Crimes Court prepared by the United Nations War Crimes Commission
4. The Nuremberg International Military Tribunal
5. The Principle of Complementarity in the Drafting History of the Genocide Convention
6. The Role of the International Law Commission in the Development of the Principle of Complementarity (1949-1994)
7. The Primacy of the Ad hoc Tribunals
Concluding Observations
Part B: Chapter III: The Principle of Complementarity in the International Criminal Court’s Statute:
1. The Rome Statute Complementarity Model
2. The Impact of Human Rights Bodies’ Decisions on Complementarity Determinations
3. The Practice of Self-Referrals and Waivers of Complementarity
Concluding Observations
Chapter IV: Complementarity-Related Provisions (Articles 18 – 20)
1. Preliminary Rulings Regarding Admissibility in the Rome Statute Complementarity Model
2. Challenges to the Jurisdiction of the Court or the Admissibility of a Case
3. Consequences of a Self-referrals and Waivers of Complementarity in Light of Articles 18 – 19 and 53
4. The Relationship between Complementarity and Ne Bis In Idem
5. Final Thoughts on Complementarity: Positive – Dynamic versus Traditional Complementarity
Concluding Observations
Table of Cases