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Complementarity in the line of fire : the catalysing dffect of the international criminal court in Uganda and Sudan /
Examines the impact of the Rome Statute's complementarity principle on two states in which the International Criminal Court has intervened.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2013.
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| Colección: | Cambridge studies in law and society.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Foreword; Preface; Abbreviations; Map of ICC situation countries in July 2012; Prologue: in the line of fire; Chapter 1 Complementarity from the line of fire; The story of complementarity's catalysing effect in Uganda and Sudan; Complementarity's double life; The dramatis personae of complementarity's catalysing effect; Assumptions underlying the expectation of a catalysing effect; Normative, theoretical and methodological perspective; The choice of a line-of-fire perspective; The road ahead; Chapter 2 The Rome Statute: complementarity in its legal context.
- The key provisions setting forth complementarityThree popular assumptions; An obligation to investigate or prosecute pursuant to the Rome Statute?; An obligation to criminalise in domestic law?; A prohibition on amnesties?; The substance of complementarity: the criteria for inadmissibility; The inadequacy of the shorthand description; The 'same case' requirement: same person, same conduct, same incidents?; Reasons to depart from the same-conduct test; The requirement of an `investigation ́; A decision not to prosecute; Where domestic proceedings have been initiated: unwillingness and inability.
- Low punishment or a pardon is not a ground for admissibility per seThe ICC is not a human rights court overseeing compliance with fair trial rights; The procedural aspects of complementarity; Complementarity contains a primary right for all states; The Prosecutor must assess complementarity prior to opening an investigation; The complementarity assessment is case-specific; Complementarity must be assessed irrespective of the trigger mechanism; A state can directly influence the scope of the ICC's investigation on grounds of complementarity.
- A state cannot force the Prosecutor to end an investigationA state's jurisdiction to adjudicate is unaffected by ICC intervention; The complementarity assessment is dynamic; The ICC does not have a conditional deferral procedure like the ICTY and ICTR; Looking for a catalysing effect: the potentially Confounding and intervening variables; Other jurisdictional provisions: the triggers; Other jurisdictional provisions: a deferral requested by the Security Council; Other jurisdictional provisions: the admissibility criterion of gravity; No ICC proceedings because of the 'interests of justice'
- The OTP's prosecutorial policyThe policy of positive complementarity; Conclusion: complementarity and its potential catalysing effect; Chapter 3 Uganda: compromising complementarity; The context for catalysis; The ICC in Uganda: a joint enterprise; Uganda and the ICC: a marriage of convenience; Compromised complementarity; The conflict in northern Uganda
- and far beyond; Peace-making in the shadow of the ICC; Complementarity: the linchpin of the agreement; The ICC: sword of Damocles; Cracks in the marriage: the opening for complementarity's catalysing effect; Effects catalysed.