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The principle of complementarity of the International Criminal Court and the principle of universal jurisdiction

Olsson, Anna (2004)
Department of Law
Abstract
This thesis examines and analyses the relationship between the principle of complementarity and the principle of universal jurisdiction. The establishment of the International Criminal Court provides for the first time in history a permanent international criminal institution. One of the most important principles on which the ICC is built upon is the principle of complementarity. The road towards the Rome Statute and the principle of complementarity has been long and the IMT, IMTFE, ICTY and ICTR have been established along it. These predecessors have influenced the negotiations and the creation of the ICC. The International Law Commission contributed with the base for the discussions of the Rome Conference in 1998. At the end of the Rome... (More)
This thesis examines and analyses the relationship between the principle of complementarity and the principle of universal jurisdiction. The establishment of the International Criminal Court provides for the first time in history a permanent international criminal institution. One of the most important principles on which the ICC is built upon is the principle of complementarity. The road towards the Rome Statute and the principle of complementarity has been long and the IMT, IMTFE, ICTY and ICTR have been established along it. These predecessors have influenced the negotiations and the creation of the ICC. The International Law Commission contributed with the base for the discussions of the Rome Conference in 1998. At the end of the Rome Conference the Rome Statute of the International Criminal Court was adopted. On 1 July 2002 the International Court was created because the required amount of 60 State ratifications of the Rome Statute was reached. The principle of complementarity is the compromise of the opinions of the negotiating States in the Preparatory Committees and during the Rome Conference. The principle defines the relationship between the ICC and national courts. When national courts are unwilling or unable to genuinely carry out investigations and prosecutions of the serious international crimes (genocide, war crimes and crimes against humanity), the ICC will do it instead. The thesis will also explore the operative parts of the complementarity regime. Under the principle of universal jurisdiction, courts of any State have the right to try persons who have committed certain serious crimes, regardless of where the crimes were committed or the nationality of the perpetrators or victims. No link with the crime is needed, expect for the nature of the crime. It must be a crime against all of mankind. The principle of universal jurisdiction is not firmly established in the international legal system, but it is becoming more and more accepted. It was suggested during the negotiations that led to the creation of the Rome Statute that the ICC should be endowed with universal jurisdiction. This did not happen. The principle of complementarity encourages States to implement universal jurisdiction over serious international crimes. By doing so, and investigating and prosecuting the violators of these crimes in good faith, States certifies that they have priority over the ICC. If not, the principle of complementarity opens the doors to the jurisdiction of the ICC and it will investigate and prosecute instead. (Less)
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author
Olsson, Anna
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt, Straffrätt
language
English
id
1560934
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1560934,
  abstract     = {This thesis examines and analyses the relationship between the principle of complementarity and the principle of universal jurisdiction. The establishment of the International Criminal Court provides for the first time in history a permanent international criminal institution. One of the most important principles on which the ICC is built upon is the principle of complementarity. The road towards the Rome Statute and the principle of complementarity has been long and the IMT, IMTFE, ICTY and ICTR have been established along it. These predecessors have influenced the negotiations and the creation of the ICC. The International Law Commission contributed with the base for the discussions of the Rome Conference in 1998. At the end of the Rome Conference the Rome Statute of the International Criminal Court was adopted. On 1 July 2002 the International Court was created because the required amount of 60 State ratifications of the Rome Statute was reached. The principle of complementarity is the compromise of the opinions of the negotiating States in the Preparatory Committees and during the Rome Conference. The principle defines the relationship between the ICC and national courts. When national courts are unwilling or unable to genuinely carry out investigations and prosecutions of the serious international crimes (genocide, war crimes and crimes against humanity), the ICC will do it instead. The thesis will also explore the operative parts of the complementarity regime. Under the principle of universal jurisdiction, courts of any State have the right to try persons who have committed certain serious crimes, regardless of where the crimes were committed or the nationality of the perpetrators or victims. No link with the crime is needed, expect for the nature of the crime. It must be a crime against all of mankind. The principle of universal jurisdiction is not firmly established in the international legal system, but it is becoming more and more accepted. It was suggested during the negotiations that led to the creation of the Rome Statute that the ICC should be endowed with universal jurisdiction. This did not happen. The principle of complementarity encourages States to implement universal jurisdiction over serious international crimes. By doing so, and investigating and prosecuting the violators of these crimes in good faith, States certifies that they have priority over the ICC. If not, the principle of complementarity opens the doors to the jurisdiction of the ICC and it will investigate and prosecute instead.},
  author       = {Olsson, Anna},
  keyword      = {Folkrätt,Straffrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {The principle of complementarity of the International Criminal Court and the principle of universal jurisdiction},
  year         = {2004},
}