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Vol 21 No 11 Nov/Dec 2016

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Complementary Views on Complementarity

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Edited by: Jann Kleffner, Gerben Kor

ISBN13: 9789067042185
ISBN: 9067042188
Published: April 2006
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £47.99



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The complementarity of the International Criminal Court (ICC) is one of the fundamental principles of the Rome Statute for the International Criminal Court. The principle of complementarity is the parameter which defines the relationship between States and the ICC. It provides that cases are admissible before the ICC if a State remains wholly inactive or is 'unwilling' or 'unable' to investigate and prosecute genuine cases of genocide, crimes against humanity and war crimes.

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' on 25 and 26 June 2004. This book contains contributions on complementarity, which were presented and discussed during that meeting. They analyse the principle from theoretical, practical and conceptual perspectives.

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Subjects:
Public International Law
Contents:
Preface
1. Why would States want to join the ICC? A theoretical exploration based on the legal nature of complementarity Frederic Megret
2. Sovereignty in the dock Gerben Kor
Comments on chapters 1 and 2 Bardo Fassbender
3. Complementarity as a catalyst for compliance Jann K. Kleffner
Comments on chapter 3 Frederica Gioia
4. The admissibility test before the International Criminal Court under special consideration of amnesties and truth commissions Claudia Cárdenas Aravena
Comments on chapter 4 Darryl Robinson
5. Complementarity, 'genuinely' and Article 17: assessing the boundaries of an effective ICC Rod Jensen
Comments on chapter 5 Bert Swart
Index.