The Complementarity Regime of the International Criminal Court

National Implementation in Africa

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Complementarity Regime of the International Criminal Court by Ovo Catherine Imoedemhe, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ovo Catherine Imoedemhe ISBN: 9783319467801
Publisher: Springer International Publishing Publication: November 26, 2016
Imprint: Springer Language: English
Author: Ovo Catherine Imoedemhe
ISBN: 9783319467801
Publisher: Springer International Publishing
Publication: November 26, 2016
Imprint: Springer
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Springer International Publishing

Cover of the book Additive Manufacturing – Developments in Training and Education by Ovo Catherine Imoedemhe
Cover of the book An Islamic Worldview from Turkey by Ovo Catherine Imoedemhe
Cover of the book Frequency Domain Analysis and Design of Nonlinear Systems based on Volterra Series Expansion by Ovo Catherine Imoedemhe
Cover of the book A Primer on the Kinematics of Discrete Elastic Rods by Ovo Catherine Imoedemhe
Cover of the book Dis/abled Childhoods? by Ovo Catherine Imoedemhe
Cover of the book Smart Electromechanical Systems: The Central Nervous System by Ovo Catherine Imoedemhe
Cover of the book Curves and Surfaces by Ovo Catherine Imoedemhe
Cover of the book Electronic Control Fires by Ovo Catherine Imoedemhe
Cover of the book Modeling of Gas-to-Particle Mass Transfer in Turbulent Flows by Ovo Catherine Imoedemhe
Cover of the book Evolution of Broadcast Content Distribution by Ovo Catherine Imoedemhe
Cover of the book The Advent of Unmanned Electric Vehicles by Ovo Catherine Imoedemhe
Cover of the book Graphene Oxide in Environmental Remediation Process by Ovo Catherine Imoedemhe
Cover of the book Handbook of Integrated CSR Communication by Ovo Catherine Imoedemhe
Cover of the book Crisis, Identity and Migration in Post-Colonial Southern Africa by Ovo Catherine Imoedemhe
Cover of the book Input Modeling with Phase-Type Distributions and Markov Models by Ovo Catherine Imoedemhe
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy