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6. Ògenuineó National Proceedings: Related Concepts of International Law

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Chapter Summary

This chapter highlights the fact that the admissibility criteria focus on the national process and not the outcome of it. It comments on the significance of cultural differences between legal systems. The chapter shows that the point of the "genuinely" standard is to establish a general standard against which national proceedings can be measured. It discusses four existing standards which international law attaches to national criminal proceedings to determine their relevance to the admissibility determination before the International Criminal Court (ICC). These concepts are: the principle of due process, the obligation to ensure basic human rights, the right to an effective remedy and the requirement that domestic remedies be exhausted before a case against a state is adjudicated before an international court. Finally, the chapter asks whether the standard of the ICC's own proceedings will influence the interpretation of the "genuinely" standard.

Keywords: admissibility criteria; human rights standards; international criminal court (ICC); international law; legal systems; national criminal proceedings



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