Excerpt from an OUPblog article, published on June 29th, by Nicola Palmer, Lecturer at the Dickson Poon School of Law, King's College London. She is the author of Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda, which is now available on Oxford Scholarship Online.
"In the wake of political violence, the International Criminal Court (ICC) has shown a clear and continued preference for multiple trials to be pursued at both a national and international level. The Court’s approach to complementarity and its reading of what constitutes ‘a case’ under Article 17 of its Statute lays the legal foundation for this move. For a case to be inadmissible at the international level, the domestic proceeding must concern the same person and substantially the same conduct. Following this it is then necessary to determine whether the state is ‘willing or able’ to genuinely undertake these proceedings"
Discover more: Read about how multi-level courts function in Rwanda, and their global significance, in Nicola's article 'Tensions in domestic and international criminal justice'. The introductory chapter 'The Rwandan Social Context' in Courts in Conflict is now freely available to read until the end of August. Get access to the full text of this book, as well as over 1,500 Oxford Law titles, by recommending OSO to your librarian today.