International Criminal Law and the Role of Domestic Courts
Bibliographic Data
| ID | 9548241 |
|---|---|
| Authors | Jonathan I Charney (corresponding author) |
| Year | 2001 |
| Volume | 95 |
| Issue | 1 |
| Pages | 120-124 |
| Publication date | 2001-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2642041 |
| OpenAlex | W2011162484 |
| Language | EN |
| Citations received | 5 |
| References cited | 4 |
The proper role of domestic courts in cases involving international crimes has been hotly debated, some arguing in favor of domestic prosecution, 1 and others in favor of international prosecution. 2 Scholars in the latter group believe that domestic courts or other procedures cannot be trusted with the effective prosecution of grave international crimes. Unlike the Statutes of the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTYand ICTR, respectively), 3 that of the future international criminal court (ICC) seeks to bridge this gap by giving preference to domestic procedures if they have been conducted in a bona fide way. 4 The concept of complementarity is fundamental to the design of the ICC Statute: if in a case otherwise eligible for consideration by the ICC a bona fide examination of the alleged crime was undertaken and disposed of by a state (whether or not it is a party to the ICC Statute), the matter will not be admissible before the ICC. 5 Difficult questions abound, not the least of which is how the ICC should evaluate the bona fides of those domestic procedures. However, I would like to examine a broader matter here: the substantial increase in domestic prosecutions of international crimes stimulated by the work of the ICTY and the ICTR, as well as the impending establishment of the ICC and its rule of complementarity
Action (physics · Content (measure theory · Criminal law · Physics · Political science · International Law and Human Rights · Law · Mathematics
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,21 |
| Citation span | 2002 - 2014 (13) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 5 |