Regional Complementarity
The Rome Statute and Public International Law
Bibliographic Data
| ID | 12735178 |
|---|---|
| Authors | Miles Jackson (0000-0001-5737-7827, corresponding author) |
| Year | 2016 |
| Volume | 14 |
| Issue | 5 |
| Pages | 1061-1072 |
| Publication date | 2016-11-07 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of International Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1478-1395 • E-ISSN: 1478-1387 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jicj/mqw045 |
| OpenAlex | W3122397729 |
| Language | EN |
| Citations received | 1 |
| References cited | 1 |
Admissibility decisions in the Kenyatta, Gaddafi and Gbagbo cases at the International Criminal Court (ICC) have brought increased attention to the principle of complementarity under Article 17 of the ICC Statute. However, little attention has been paid so far to a related admissibility issue: how do regional (and sub-regional) tribunals fit with Article 17? This article argues that a genuine prosecution by a lawfully constituted regional tribunal should be seen as prosecution by a state such that the case is inadmissible before the ICC. This conclusion follows from the proper understanding of the legal relationship between states and regional tribunals and the contextualized application of the principles of treaty interpretation enshrined in Article 31 of the Vienna Convention on the Law of Treaties. Moreover, it is consistent with the values underlying the central principle of complementarity and makes sense as a matter of policy
Complementarity (molecular biology · Convention · Criminal court · International law · Interpretation (philosophy · Law and economics · Political science · Public international law · Rome Statute of the International Criminal Court · Sociology · Statute · Statute of limitations · Treaty · Tribunal · Vienna Convention on the Law of Treaties · Global Peace and Security Dynamics · International Law and Aviation · International Law and Human Rights · Law · Philosophy
| Citations per year | 0.13 |
|---|---|
| Citation span | 2018 - 2018 (1) |
| Highly cited | No |