Includes bibliographical references (pages 298-327) and index.
Contents:
Part I. The ICC and complementarity : evolutions, interpretations and implementation -- Tracing and idea, constructing a norm : complementarity as a catalyst -- Mirror images? : complementarity in the courtroom -- Leveraging The Hague : complementarity and the Office of the Prosecutor -- Part II. The ICC in Uganda, Kenya and the Democratic Republic of Congo -- Compliance and performance : implementation as domestic politics -- Competing, complementing, copying : domestic courts and complementarity -- Catalysing opportunity : complementarity and domestic proceedings -- Conclusions and recommendations.
Summary:
^initiated the Court's first, controversial proprio motu investigation in Kenya that spring, following the government's failure to establish a domestic tribunal for the post-election violence of late 2007. Shortly thereafter, ICC judges issued a second arrest warrant against former Sudanese President Omar Al Bashir, the first sitting head-of-state to then be charged by the Court. This time the charge was for genocide, the "crime of crimes."-- ction-and an occasion to issue a number of ambitious resolutions. One resolution extolled the impact of an emergent "Rome Statute system" on victims and affected communities, while another noted the "importance of States Parties taking effective domestic measures to implement the Statute" in their own legal systems (as the conference's host country, Uganda, had just done). The final Kampala Declaration recalled the heady language of the Rome Statute's preamble-"that all peoples are united by common bonds," whose "delicate mosaic may be shattered at any time"- as it summoned "the common bonds of our peoples, our cultures pieced together in a shared heritage." And yet, by 2010, these bonds were being sorely tested. After commencing its first investigations in both Uganda and the DRC (situations that were referred to the Court by those countries' own governments), the ICC had begun to navigate an increasingly rocky political terrain. Luis Moreno-Ocampo, the ICC's inaugural Prosecutor, had ^initiated the Court's first, controversial proprio motu investigation in Kenya that spring, following the government's failure to establish a domestic tribunal for the post-election violence of late 2007. Shortly thereafter, ICC judges issued a second arrest warrant against former Sudanese President Omar Al Bashir, the first sitting head-of-state to then be charged by the Court. This time the charge was for genocide, the "crime of crimes."-- Provided by publisher.
Series:
Cambridge studies in international and comparative law ; 147
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