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The International Criminal Court and Complementarity : From Theory to Practice

Edited by: Carsten Stahn, Mohamed El Zeidy

ISBN13: 9781107011588
Published: October 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: 2 Volume Hardback
Price: £321.00

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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.

International Criminal Law
Volume 1:
Introduction: bridge over troubled waters?
Complementarity themes and debates in context
Part I. General Reflections
1. A positive approach to complementarity: the impact of the Office of the Prosecutor
2. Justice and prevention
3. Proactive complementarity: a registrar's perspective and plans
Part II. Origin and Genesis of Complementarity
4. The genesis of complementarity
5. Reflections on complementarity at the Rome Conference and beyond
6. The rise and fall of complementarity
Part III. Analytical Dimensions of Complementarity
7. Complementarity as global governance
8. Policy through complementarity: the atrocity trial as justice
9. Taking complementarity seriously: on the sense and sensibility of 'classical', 'positive' and 'negative' complementarity
10. International criminal justice in the era of failed states: the ICC and the self-referral debate
11. The quest for constructive complementarity
12. Reframing positive complementarity: reflections on the first decade and insights from the US federal criminal justice system
13. Too much of a good thing? Implementation and the uses of complementarity
Part IV. Interpretation and Application
14. The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of 'situations'
15. Situations and case: defining the parameters
16. The inaction controversy: neglected words and new opportunities
17. Admissibility procedure
18. The evolution of the ICC jurisprudence on admissibility
19. Interpretative gravity under the ICC statute: identifying common gravity criteria
20. Complementarity and burden allocation.
Volume 2:
21. States' obligations to investigate and prosecute perpetrators of international crimes: the perspective of the European Court of Human Rights
22. The law and policy of complementarity in relation to 'criminal proceedings' carried out by non-state organized armed groups
23. Complementarity and the crime of aggression
24. Complementarity and alternative forms of justice: a new test for ICC admissibility
25. Complementarity and 'reverse cooperation'
26. In the hands of the state: implementing legislation and complementarity
Part V. Complementarity in Perspective
27. Horizontal complementarity
28. The International Criminal Tribunal for the Former Yugoslavia ('ICTY') and the transfer of cases and materials to national judicial authorities: lessons in complementarity
29. Positive complementarity in practice: ICTY rule 11bis and the use of the tribunal's evidence in the Srebrenica trials before the Bosnian War Crimes Chamber
30. Complementarity of procedures: how to avoid reinventing the wheel
Part VI. Complementarity in Practice
31. Making complementarity work: maximising the limited role of the prosecutor
32. Positive complementarity in action
33. Complementarity and the construction of national ability
34. The Colombian Peace Process (Law 975 of 2005) and the ICC's principle of complementarity
35. Darfur: complementarity as the drafters intended?
36. Complementarity in Uganda: domestic diversity or international imposition?
37. Courts, conflict and complementarity in Uganda
38. Chasing cases: the ICC and the politics of state referral in the Democratic Republic of Congo and Uganda
39. A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of Congo
40. Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya.