scholarly journals The Principle of Complementarity in Practice Based on the Case-Law of the International Criminal Court

2016 ◽  
Author(s):  
Nóra Béres
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Principle Of Complementarity

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

Sexual Slavery and Members of a Terrorist Group – What is the Future of the 'Boko Haram' Trial at the International Criminal Court?

2020 ◽  
Vol 1 (2) ◽  
pp. 229-253
Author(s):  
Michala Chadimova
Keyword(s):  
Human Trafficking ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Boko Haram ◽  
Sexual Slavery ◽  
Preliminary Examination ◽  
The Subject ◽  
Principle Of Complementarity

Crimes committed by the members of Boko Haram in Nigeria are not only the subject of national trials but also of preliminary examination at the International Criminal Court (ICC). This article focuses on the sexual slavery perpetrated by Boko Haram, describes how the crimes are viewed within the national Nigerian criminal process and addresses the possibility of prosecution of the crimes at the ICC.<br/> This article analyses the legal terminology used to describe the crimes connected to Boko Haram – enslavement, sexual slavery, human trafficking and terrorism – and their interaction. While providing an overview of the ICC's current preliminary examination into the situation in Nigeria, this article discusses how the principle of complementarity is potentially holding the OTP back from the formal investigation.<br/> Furthermore, an overview of cases at the ICC that have involved charges of sexual slavery or enslavement will be provided. By analysing the Court's findings in relation to elements of sexual slavery, this article provides an insightful view into the Court's rhetoric on this crime. Similarly, this article discusses modes of liability that have been employed in the Katanga/Chui and Ntaganda cases and provides a learning opportunity for future cases of sexual slavery as both a crime against humanity (Article 7(1)(g) of the Rome Statute) and a war crime (Article 8(2)(e)(vi) of the Rome Statute; 8(2)(b)(xxii) of the Rome Statute).

The Role Played by External Case Law in Promoting the Legitimacy of International Criminal Court Decisions

2018 ◽  
Vol 87 (2) ◽  
pp. 189-211
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Procedural Law ◽  
The Law

International criminal courts and tribunals (ICTs) often refer to jurisprudence from other ICTs when reaching a decision. This can help increase the legitimacy of their decision-making. This article focuses on the International Criminal Court (ICC) and examines when the ICC may refer to the decisions from other courts; when it in fact does so; when it has chosen to deviate from the decisions of other ICTs; and how this has affected the legitimacy of its decisions. The ICC has generally been mindful in its approach towards referring to jurisprudence from other ICTs, but has not been afraid to deviate from it on occasion in decisions concerning both substantive and procedural law. The article argues that where possible the Court should interpret the law in line with other ICTs’ decisions. This will help increase the legitimacy both of the Court’s own decisions and the field of ICL as a whole.

Equal Standards? On the Dialectics between National Jurisdictions and the International Criminal Court

2008 ◽  
Vol 8 (1-2) ◽  
pp. 229-272 ◽  
Author(s):  
Harmen van der Wilt
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
International Standards ◽  
International Criminal Law ◽  
Actual Performance ◽  
Legal Standards ◽  
Principle Of Complementarity

AbstractThe Rome Statute contains a body of legal standards on elements of the offences, concepts of criminal responsibility and defences of unprecedented detail. Whereas these standards serve the International Criminal Court as normative framework, the principle of complementarity implies that domestic jurisdictions are to take the lead in the adjudication of international crimes.This article addresses the question whether domestic legislators and courts are bound to meticulously apply the international standards, or whether they are left some leeway to apply their own (criminal) law. The article starts with a survey of the actual performance of national jurisdictions. Current international law does not explicitly compel states to copy the international standards; at most one might argue that the codification of international criminal law and the principle of complementarity encourage harmonization.Capitalizing on the concept of 'open texture of law' and the methodology of casuistry, the present author argues that a certain measure of diversity in the interpretation and application of international standards is inevitable and even desirable. However, as a general rule, states have less freedom of interpretation in respect of the elements of crimes than in the application of concepts of responsibility and defences.

The International Criminal Court

2008 ◽  
Vol 7 (1) ◽  
pp. 115-160
Author(s):  
Noora Arajärvi ◽  
Dov Jacobs
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Democratic Republic Of Congo ◽  
Case Law ◽  
Criminal Court ◽  
High Expectations ◽  
Outreach Programs ◽  
The Past ◽  
Raising Awareness

AbstractThis article covers the past two years of the activity of the International Criminal Court. Ten years after the signature of the Rome Statute, the Court has continued investigating situations in four countries (Democratic Republic of Congo, Uganda, the Sudan and the Central African Republic). The activity of the Court has accelerated, with four indictees in custody in the DRC situation, one public arrest warrant in the CAR situation and two in the Sudan situation. The Court has developed its case law on victim participation and refined its procedural framework, through constant debate between the Prosecutor and the pre-trial chambers. It has also pursued its goal of increasing cooperation with State parties, and raising awareness of the Court through outreach programs. The Court faces difficult challenges in establishing itself as a credible court, balancing the necessary requirements of fairness in a criminal trial and the high expectations of victims and the international community. The recent stay of proceedings and granting of release in the Lubanga case, which is supposed to be the first trial of the Court, is an illustration of this challenge and the difficulty in finding this balance.

The Principle of Complementarity in the Cases of the Sudanese Nationals Ahmad Harun and Ali Kushayb before the International Criminal Court

2008 ◽  
Vol 8 (1-2) ◽  
pp. 185-228 ◽  
Author(s):  
Jakob Pichon
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Judicial System ◽  
Before And After ◽  
The Status ◽  
National Constitution ◽  
Ability And Willingness ◽  
Principle Of Complementarity

AbstractIn April 2007, the Pre-Trial Chamber I of the International Criminal Court (ICC) issued its first arrest warrants with regard to the situation in Darfur. Addressees of these measures are the Minister for Humanitarian Affairs and former Minister for the Interior Ahmad Harun and the alleged Janjaweed leader Ali Kushayb, who both at the time of writing have not yet been surrendered to the ICC. On the contrary: Sudan consistently invokes its national sovereignty and its ability to prosecute its nationals itself. However, with regard to Harun and Kushayb, there is reason to hold strong doubts as to Sudan's ability and willingness to seriously prosecute them. Therefore, this article assesses the admissibility of these two cases before the ICC, focusing on the principle of complementarity. For this the article starts with an overview of those aspects of the principle of complementarity which are relevant for the situation in Darfur. A thorough analysis of the status of the Sudanese judicial system both before and after the adoption of the Interim National Constitution of Sudan in 2005 follows, before, finally, the application of the principle of complementarity to the two cases is assessed against the results found.

The International Criminal Court

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
Detailed Analysis ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
New Developments ◽  
Academic Literature ◽  
Rules Of Procedure ◽  
The Relationship

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides a detailed analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each chapter includes accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. The text aims to avoid duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute. The fully updated second edition of this book incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

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