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Complementarity in the Rome Statute and National Criminal Jurisdictions$
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Jann K. Kleffner

Print publication date: 2008

Print ISBN-13: 9780199238453

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199238453.001.0001

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National Suppression of Core Crimes

National Suppression of Core Crimes

Chapter:
(p.7) II National Suppression of Core Crimes
Source:
Complementarity in the Rome Statute and National Criminal Jurisdictions
Author(s):

Jann K. Kleffner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199238453.003.0002

This chapter analyses the national suppression of genocide, crimes against humanity, and war crimes prior to and independent of the Rome Statute. International law clearly envisages national criminal jurisdictions to be the central forum for punishing these crimes. However, although national criminal jurisdictions have at times met the expectations of trying suspects, this decentralized regime for the enforcement of international criminal law has proved to be flawed. Underlying national suppression of core crimes is thus the paradox of a clear presumption in its favour, on the one hand, and its chronic deficiencies, on the other. This provokes the question how to supply the deficiencies whilst maintaining the room for effective national suppression. The Rome Statute seeks to answer this question by declaring that the ICC ‘shall be complementary to national criminal jurisdictions’.

Keywords:   national criminal jurisdictions, applicable law, actual national suppression, obstacles, Rome Statute

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