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10. Possible Lacunas in the Admissibility Criteria

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Chapter Summary

Based on the preceding analysis of the admissibility criteria, six possible lacunas can be discerned, four of which might lead to partial or complete impunity. This chapter discusses six situations: (1) where a trial has been completed with proper intentions but resulted in a wrongful acquittal due to the state's inability to proceed adequately; (2) where the accused has abused a national process which was otherwise adequately conducted; (3) where the accused has been acquitted in a genuine trial but new significant evidence subsequently appears which would have secured a conviction; (4) where a convicted person is subsequently pardoned or paroled by the state; (5) where the state has conducted a genuine trial as such but failed to characterise the crime as international; and (6) where the national proceeding is or has been genuine, but it would have been desirable to bring it before the International Criminal Court (ICC).

Keywords: admissibility criteria; conviction; International Criminal Court (ICC); national proceeding; national process



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