Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Auto-Referrals And The Complementary Nature Of The ICC

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

One of the striking features of the early operationalisation of the Statute is that State Parties refer situations, which occur on their own territory to the International Criminal Court (ICC). Complementarity and its regulation in the Statute appears to presuppose that its primary objective is to regulate competing claims for the exercise of jurisdiction over ICC crimes, with both claimants one or more States on the one hand, and the Prosecutor on the other hand being eager to exercise jurisdiction. The most fundamental question is whether complementarity applies at all in the context of auto-referrals or whether cases of auto-referral would render cases admissible without the need to establish that the referring State is either wholly inactive, or unwilling and unable within the meaning of Article 17 (2) or (3). The Prosecutors role to consider whether the case is or would be admissible is mandatory rather than discretionary.

Keywords: auto-referrals; International Criminal Court (ICC); jurisdiction; State Parties

10.1163/ej.9789004166554.i-774.26
/content/books/10.1163/ej.9789004166554.i-774.26
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Emerging Practice of the International Criminal Court — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation