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Title
The complementarity regime of the international criminal court : national implementation in Africa / Ovo Catherine Imoedemhe.
ISBN
9783319467801 (electronic book)
3319467808 (electronic book)
9783319467795
Published
Cham : Springer, 2017.
Language
English
Description
1 online resource (241 pages)
Item Number
DOI 10.1007/978-3-319-46780-1
10.1007/978-3-319-46780-1 doi
Call Number
KZ7379
Dewey Decimal Classification
345.01
Summary
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.
Bibliography, etc. Note
Includes bibliographical references.
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Access limited to authorized users.
Digital File Characteristics
text file PDF
Source of Description
Online resource; title from PDF title page (viewed February 8, 2017)
Available in Other Form
Print version: 9783319467795
The International Criminal Court as the new paradigm to close impunity gaps
The complimentarity regime of the Rome Statute: An analysis of its components
National implementation of the Rome Statute of the International Criminal Court: Obligations and challenges for states parties
Domestic prosecutions in Africa under the complementarity regime of the Rome Statute: A practical approach
Unpacking the tension between the African Union and the ICC: The way forward
Institutional preparedness for the complementarity regime: Nigeria as a case study
Mutual inclusivity: A sine qua non to national implementation of complementarity.
