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The Principle of Complementarity in the Rome Statute in relation to Concurrent Jurisdiction of Regional Courts over International Crimes: The Case of the Proposed International criminal Jurisdiction of the African Court of Human and People’s Rights

Marari, Daniel LU (2013) JAMM04 20131
Department of Law
Abstract
The paper examines whether and how the complementary principle in the Rome Statute entails deference to genuine exercise of concurrent jurisdiction over crimes within the International Criminal Court’s (ICC) jurisdiction. The ensuing discussion is focused on the proposed international criminal jurisdiction of the African Court of Human and People’s Rights as envisaged in the Draft protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Emphasizing the anti-impunity goal of the Rome Statute, the paper argues that regional criminal jurisdiction over crimes within the ICC’s jurisdiction accords with the complementarity principle on which the ICC is founded and, in appropriate cases, may... (More)
The paper examines whether and how the complementary principle in the Rome Statute entails deference to genuine exercise of concurrent jurisdiction over crimes within the International Criminal Court’s (ICC) jurisdiction. The ensuing discussion is focused on the proposed international criminal jurisdiction of the African Court of Human and People’s Rights as envisaged in the Draft protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Emphasizing the anti-impunity goal of the Rome Statute, the paper argues that regional criminal jurisdiction over crimes within the ICC’s jurisdiction accords with the complementarity principle on which the ICC is founded and, in appropriate cases, may constitute admissibility impediment under Article 17 of the Rome Statute. The paper then highlights the general relevance of concurrent jurisdiction over international crimes in the administration of international criminal justice and, specifically, the legal, legitimacy and practical aspects relating to African State parties to the ICC seeking to duplicate jurisdiction over international crimes. (Less)
Please use this url to cite or link to this publication:
author
Marari, Daniel LU
supervisor
organization
alternative title
The International Criminal Court, Complementarity and Concurrent Jurisdiction over International Crimes: The Case of the Proposed International criminal Jurisdiction of the African Court of Human and People’s Rights
course
JAMM04 20131
year
type
H2 - Master's Degree (Two Years)
subject
keywords
International Criminal Court, Complementarity, Rome Statute, Concurrent Jurisdiction, International crimes, Regional criminal courts, African Court of Human and People’s Rights
language
English
id
3972124
date added to LUP
2013-09-06 14:51:24
date last changed
2013-09-06 14:51:24
@misc{3972124,
  abstract     = {The paper examines whether and how the complementary principle in the Rome Statute entails deference to genuine exercise of concurrent jurisdiction over crimes within the International Criminal Court’s (ICC) jurisdiction. The ensuing discussion is focused on the proposed international criminal jurisdiction of the African Court of Human and People’s Rights as envisaged in the Draft protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Emphasizing the anti-impunity goal of the Rome Statute, the paper argues that regional criminal jurisdiction over crimes within the ICC’s jurisdiction accords with the complementarity principle on which the ICC is founded and, in appropriate cases, may constitute admissibility impediment under Article 17 of the Rome Statute. The paper then highlights the general relevance of concurrent jurisdiction over international crimes in the administration of international criminal justice and, specifically, the legal, legitimacy and practical aspects relating to African State parties to the ICC seeking to duplicate jurisdiction over international crimes.},
  author       = {Marari, Daniel},
  keyword      = {International Criminal Court,Complementarity,Rome Statute,Concurrent Jurisdiction,International crimes,Regional criminal courts,African Court of Human and People’s Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Principle of Complementarity in the Rome Statute in relation to Concurrent Jurisdiction of Regional Courts over International Crimes: The Case of the Proposed International criminal Jurisdiction of the African Court of Human and People’s Rights},
  year         = {2013},
}