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12. Complementarity and Alternative National Mechanisms

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Chapter Summary

This chapter describes the dilemma that a transitional government faces, and discusses the validity of national amnesties vis-à-vis other states. It analyses whether national amnesties may be respected under the Rome Statute. The chapter highlights some factors according to which a national amnesty can be "evaluated". During the international criminal court (ICC) negotiations, a number of states were of the opinion that the Statute should expressly regulate the status of national amnesties under the complementarity principle. Various specific components that must be addressed in the context of a post-conflict society is presented and analysed, in order to determine whether there might exist alternative, nonprosecutorial mechanisms that might provide "justice". The ICC Prosecutor must apply the "interests of justice", and the existence of an amnesty as such can hardly be decisive.

Keywords: complementarity principle; international criminal court (ICC); national amnesties; national mechanisms; nonprosecutorial mechanisms; Rome Statute; transitional government dilemma



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