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The Scope of Appeal on Complementarity Issues before the ICC

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On the Example of the Appeal of Côte d’Ivoire against the Decision of Pre-Trial Chamber I in the Simone Gbagbo Case

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On 27 May 2015, the Appeals Chamber of the International Criminal Court (ICC) issued a judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber I of 11 December 2014 entitled “Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo”. As a result of this decision, the path to prosecute Simone Gbagbo lies open. The Appeals Chamber confirmed the opinion expressed by the Pre-Trial Chamber that there were no obstacles in the form of national prosecutions which would exclude the ICC’s jurisdiction pursuant to the principle of complementarity. This judgment is not only important from the point of view that the ICC has found no basis to find the case inadmissible on the grounds of lack of complementarity, but even more so because of the procedural issues at stake. In this decision, solutions can be found that are crucial with regard to the scope and methods of appellate review before the ICC.

Affiliations: 1: Polish Academy of Sciences


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