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7. The Applicability of the Admissibility Criteria in Three Particular Scenarios

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Chapter Summary

This chapter discusses the applicability of the admissibility criteria in three particular scenarios: vis-à-vis a category of courts which is neither national nor international, namely internationalised courts; vis-à-vis national jurisdictions when a situation has been referred to the International Criminal Court (ICC)Prosecutor by the Security Council; and vis-à-vis the jurisdiction of a state which has referred its own domestic situation to the ICC Prosecutor, i.e. which has made a "self-referral". The crimes under the ICC's jurisdiction "threaten the peace, security and well-being of the world". The complementarity principle is not merely based on considerations of state sovereignty, but also on considerations of appropriateness, pragmatism and even of human rights vis-à-vis the alleged perpetrator.

Keywords: admissibility criteria; complementarity principle; international criminal court (ICC); internationalised courts7; security council referrals

10.1163/ej.9789004169098.i-536.51
/content/books/10.1163/ej.9789004169098.i-536.51
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