Complementarity in practice: some uncomplimentary thoughts

Schabas, William A. ORCID: https://orcid.org/0000-0002-7462-4284 (2008) Complementarity in practice: some uncomplimentary thoughts. Criminal Law Forum, 19 (1) . pp. 5-33. ISSN 1046-8374 [Article]

Abstract

Reproduces a paper given at a September 2006 symposium in Vienna questioning the compatibility of self referrals by state parties to the International Criminal Court with the principle of complementarity. Considers whether the practice is consistent with the intentions of the Statute of the International Criminal Court 1998 and explains the dangers of targeting rebel rather than pro-government groups. Reflects on the court's inconsistent approach to the gravity threshold for intervention and the uncertain relationship between domestic jurisdiction and complementarity.

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