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Complementarity - Related Provisions (Articles 18 - 20)

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Chapter Summary

The International Criminal Court (ICC) Statute?s procedural aspects either protect national sovereignty and domestic jurisdiction or strengthen the ICC?s jurisdiction. Article 18 of the Rome Statute elaborates on the complementarity principle, as set out in Article 17, by providing a mechanism for preliminary rulings on admissibility. Article 19 seems to supplement the provisions of Article 18, but at a latter stage and in a broader sense. This chapter examines the implications of a self-referral and its corollary, a waiver of complementarity, in the context of applying Articles 18 and 19. The principle of ne bis in idem is a ?corollary? of the principle of complementarity, mirrored in Article 17, which likewise prevents the Court from asserting jurisdiction when a competent national legal system has already tried the person concerned.

Keywords: International Criminal Court (ICC); national legal system; ne bis in idem; Rome Statute; self-referral

10.1163/ej.9789004166936.i-368.32
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