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3. The History of the Complementarity Principle

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Chapter Summary

This chapter gives an insight in the discussions regarding the issue of admissibility and some key jurisdictional issues, and discusses complementarity principle. After some introductory remarks on political stakes that were involved in the negotiation, the survey is linked to what should be considered as key stages of the process leading to the establishment of the international criminal court (ICC), i.e. the early ILC discussions, including the report of the 1953 Committee on International Criminal Jurisdiction, and the ILC discussions on state responsibility and the ILC discussions on a draft code of offences against the peace and security of mankind. It also include: the establishment in 1993 and 1994 of the two ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR); the ILC discussions on an ICC from 1990 to 1994; the 1995 Ad Hoc Committee; the Preparatory Committee from 1996 to 1998; and the 1998 Rome Conference.

Keywords: 1995 ad hoc committee; ad hoc tribunals; complementarity principle; international criminal court (ICC); international criminal jurisdiction; preparatory committee; Rome conference



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