Jump to ContentJump to Main Navigation
Complementarity in the Rome Statute and National Criminal Jurisdictions$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2020

Complementarity as a Legal Principle and as Criteria for Admissibility

Complementarity as a Legal Principle and as Criteria for Admissibility

Chapter:
(p.99) IV Complementarity as a Legal Principle and as Criteria for Admissibility
Source:
Complementarity in the Rome Statute and National Criminal Jurisdictions
Author(s):

Jann K. Kleffner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199238453.003.0004

This chapter addresses the substantive provisions: the Preamble and Article 1, which introduce complementarity as a general principle, and Articles 17 and 20 (3), which translate that principle into criteria for the admissibility of cases before the ICC, including the key notions of ‘unwillingness’ and ‘inability’. These criteria bear the potential of responding to many of the obstacles that hamper effective domestic suppression of core crimes. Conversely, the criteria provide yardsticks for what States have to do in order to retain jurisdiction. However, the detailed nature of the definitions of ‘unwillingness' and ‘inability’ result in some gaps vis-à-vis some situations and considerable overlap in others. With a view to overcome these difficulties in defining the criteria for admissibility, it is suggested that consideration should be given to replace the notions of ‘unwillingness’ and ‘inability’ with the criterion of ‘effectiveness’ of domestic proceedings.

Keywords:   Preamble, Article 1, criteria for admissibility, unwillingness, inability, ne bis in idem, insufficient gravity, effectiveness

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .