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The Development of the Law of Complementarity between 1941 - 1998

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Chapter Summary

This chapter examines two main questions. First, what was the nature of jurisdiction proposed for the future court? Secondly, what was the philosophy behind choosing any of these mechanisms? In answering these questions, the chapter starts by examining the major draft proposals and discussions surrounding the question of competence from 1941 to 1994. The London International Assembly was the first to propose a clear complementary relationship between domestic courts and a future international criminal court. The United Nations War Crimes Commission was an official body established on 20 October 1943 upon a recommendation of Lord Chancellor of the United Kingdom, to investigate war crimes committed by the Axis powers during World War II. The International Military Tribunal, established at the end of World War II, reflected another form of the complementarity principle and the significance of cooperation with national criminal jurisdictions.

Keywords: international criminal court; International Military Tribunal; London International Assembly; national criminal jurisdictions; United Nations War Crimes Commission; war crimes



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