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The Principle of Complementarity in the International Criminal Court's Statute

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Chapter Summary

Under the ?rubric of admissibility? in Article 17, the International Criminal Court (ICC) Statute reflects the balance and the complex relationship between national legal systems and the ICC . Defining ?unwillingness? was difficult, especially as some delegations were opposed to any inclusion of the concept. In an early historical context, a relevant precedent that may perhaps be close to the idea of shielding the ?person concerned from criminal responsibility? is the Leipzig trials of Germans after the First World War before the Reichsgericht. Article 35 of the 1994 International Law Commission draft should be ?expanded to include cases which are being or have been prosecuted before national jurisdictions, subject to qualifications in respect of [inter alia] impartiality?. In Lubanga, Pre-Trial Chamber I seemed to have treated the ideas of inability and a self-referral together as if they were linked.

Keywords: International Criminal Court (ICC) Statute; International Law Commission draft; Leipzig trials; Lubanga; Pre-Trial Chamber



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