The International Criminal Court And Positive Complementarity Asp Institutional Framework
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The International Criminal Court And Positive Complementarity Asp Institutional Framework
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Author : Milton Owuor
language : en
Publisher: GRIN Verlag
Release Date : 2018-06-19
The International Criminal Court And Positive Complementarity Asp Institutional Framework written by Milton Owuor and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-19 with Law categories.
Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.
The International Criminal Court And Positive Complementarity Legal And Institutional Framework
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Author : Milton Owuor
language : en
Publisher: GRIN Verlag
Release Date : 2018-08-13
The International Criminal Court And Positive Complementarity Legal And Institutional Framework written by Milton Owuor and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-13 with Law categories.
Doctoral Thesis / Dissertation from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This, represents an unequivocally original contribution by this study to knowledge and research.
The Complementarity Regime Of The International Criminal Court
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Author : Ovo Catherine Imoedemhe
language : en
Publisher: Springer
Release Date : 2016-11-26
The Complementarity Regime Of The International Criminal Court written by Ovo Catherine Imoedemhe and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-26 with Law categories.
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.
Complementarity Catalysts Compliance
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Author : Christian M. De Vos
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23
Complementarity Catalysts Compliance written by Christian M. De Vos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-23 with Law categories.
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Complementarity In The Line Of Fire
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Author : Sarah M. H. Nouwen
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Complementarity In The Line Of Fire written by Sarah M. H. Nouwen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.
"This book follows as LAW"--
The Elgar Companion To The International Criminal Court
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Author : Margaret deGuzman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
The Elgar Companion To The International Criminal Court written by Margaret deGuzman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.
National Accountability For International Crimes In Africa
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Author : Emma Charlene Lubaale
language : en
Publisher: Springer Nature
Release Date : 2022-02-07
National Accountability For International Crimes In Africa written by Emma Charlene Lubaale and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-07 with Political Science categories.
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
The Law And Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Law And Practice Of The International Criminal Court written by Carsten Stahn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
An African Criminal Court
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Author : Dominique Mystris
language : en
Publisher: BRILL
Release Date : 2020-11-30
An African Criminal Court written by Dominique Mystris and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.
The International Criminal Court And Africa
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Author : Charles Chernor Jalloh
language : en
Publisher: Oxford University Press
Release Date : 2017-10-06
The International Criminal Court And Africa written by Charles Chernor Jalloh and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-06 with Law categories.
Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.