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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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Beyond Hierarchy

Beyond Hierarchy

Standard of Review and the Complementarity of the International Criminal Court

Chapter:
(p.371) 20 Beyond Hierarchy
Source:
Deference in International Courts and Tribunals
Author(s):

Diane Bernard

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0020

Chapter 20 focuses on the complementarity of the International Criminal Court (ICC), interpreted in terms of ‘deference’ (as reflected in applicable standard of review) and/or demands on States regarding their reaction to mass atrocities. Through a discussion of various aspects of complementarity, the chapter shows how the concept is read through the prism of ending impunity, sometimes to the detriment of alternative responses to mass atrocities. Yet, the chapter argues, this does not result in a hierarchical structure which subdues States to the power of the ICC. Rather, complementarity spurs pluralism, with States and the ICC commonly engaged in the project of ending impunity.

Keywords:   International Criminal Court, ICC, international crimes, standards of review, complementarity, fair trial, judgment, punishment

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