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8. Unwillingness

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Chapter Summary

The first of the two admissibility criteria in article 17 of the Rome Statute is the state's "unwillingness" to proceed genuinely. This chapter examines when the "unwillingness" can be attributed to the state concerned. It analyses the factors listed in article 17(2) of the Rome Statute for the determination of unwillingness. The chapter explores some legitimate reasons for a state not to investigate, prosecute or convict. When assessing the genuineness of national criminal proceedings, it is important to remember that there are several legitimate reasons as to why a prosecutor would not want to prosecute or why a court would acquit the person, even if the International Criminal Court (ICC) Prosecutor believes that person to be guilty.

Keywords: admissibility criteria; international criminal court (ICC) prosecutor; national criminal proceedings; unwillingness



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