Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
Dalhousie Law Journal
The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …
Seeking Historical Truth: The International Commission Of Inquiry Into The 1932-33 Famine In Ukraine, A J. Hobbins, Daniel Boyer
Seeking Historical Truth: The International Commission Of Inquiry Into The 1932-33 Famine In Ukraine, A J. Hobbins, Daniel Boyer
Dalhousie Law Journal
In the 1980s the WCFU (World Congress of Free Ukrainians) undertook many initiatives to "educate" Western public opinion on the Ukrainian Famine of 1932- 33, claiming that the famine was a Soviet act of genocide against the Ukrainian people. The WCFU sponsored an international commission of enquiry, composed of seven eminent international jurists, and appeared before the commission as plaintiff. The Commission dealt with a number of controversial issues in international law, including the question of whether the charge of genocide could predate the 1948 convention. The Commission deliberations are examined in detail, frequently with the use of unpublished sources …