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Author Nouwen, Sarah M. H.

Title Complementarity in the line of fire : the catalysing dffect of the international criminal court in Uganda and Sudan / Sarah M.H. Nouwen
Published Cambridge : Cambridge University Press, 2013
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Description 1 online resource (xx, 505 pages) : illustrations
Series Cambridge studies in law and society
Cambridge studies in law and society.
Contents 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
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'
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
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
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
Summary Examines the impact of the Rome Statute's complementarity principle on two states in which the International Criminal Court has intervened
Notes Promoting the study of local justice practices
Bibliography Includes bibliographical references (pages 415-465) and index
Notes Print version record
Subject International Criminal Court.
Complementarity (International law)
Form Electronic book
ISBN 0511863268 (electronic bk.)
1107416434 (electronic bk.)
9780511863264 (electronic bk.)
9781107416437 (electronic bk.)