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5. The Scope of Article 17

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Chapter Summary

Article 17 (Issues of admissibility) of the Rome Statute lists three scenarios in which a case is inadmissible before the international criminal court (ICC) due to the existence of national proceedings. This chapter first focuses on the "sufficient gravity" criterion. Then it analyses the terms "complementary", and describes "a State which has jurisdiction" and "the case". The chapter summarizes the issue of national inaction, before the various stages of a national criminal proceeding are commented. Lastly, some remarks are made as to the relevance of general, as opposed to specific, information regarding a state's judicial system and its handling of cases.

Keywords: admissibility criteria; international criminal court (ICC); national criminal proceeding; Rome Statute



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