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Complementarity in the Rome Statute and National Criminal Jurisdictions

Complementarity in the Rome Statute and National Criminal Jurisdictions

Author: Jann K. Kleffner
Publisher: Oxford University Press
ISBN: 9780199238453
Published In: December 2008
Format: Hardback , 424 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Clarifies one of the key features of the emerging international criminal justice system established under the Rome Statute, combining practice-oriented analysis with theoretical reflection
Provides a concrete conceptual manifestation of the complex inter-relationship between international courts and tribunals and domestic courts
Analyses a highly relevant but relatively under-explored feature of the International Criminal Court in the context of a comprehensive overview of all the relevant provisions of the Rome Statute, making this a valuable reference work
Examines the potential catalyst function of the principle of complementarity in relation to prosecutorial action against 'core crimes' at the domestic level

This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.

Readership: Academics, scholars, and advanced students of public international law, international criminal law, international courts, tribunals, and court procedures, and UN law. Also UN officials, staff of international courts and tribunals, and NGOs.

Acknowledgments
List of Abbreviations
Table of Cases
Table of Treaties
1: Introduction
2: National Suppression of Core Crimes
3: The Context and Emergence of Complementarity
4: Complementarity as a Legal Principle and as Criteria for Admissibility
5: The Procedural Setting of Complementarity
6: Complementarity and the Obligation to Investigate and Prosecute
7: Complementarity as a Catalyst for Compliance
8: Conclusions
Bibliography
Documents
Index

Jann K. Kleffner, Assistant Professor of International Law, Amsterdam Centre for International Law, University of Amsterdam Law School

"His project is to lead us first through a rigorous engagement with the text of the ICC Statute and then to focus our attention upon the "challenges ahead" (p.349): principally the need to conceptualise a broader system of international criminal justice in an equally rigorous and systematic manner. It is a task in which the present volume excels, and it will deservedly stand as a defining work in its field" - Douglas Guilfoyle, University College London, Law Quarterly Review