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Law and Gender

2010

American University Washington College of Law

Rome statute

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Full-Text Articles in Law

The Katanga Complementarity Decisions, Susana Sacouto Jan 2010

The Katanga Complementarity Decisions, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

On 25 September 2009, the Appeals Chamber of the International Criminal Court (ICC) issued a seminal decision on the subject of complementarity in the case Prosecutor v. Germain Katanga. The outcome of the Chamber's decision is that, even if a state has initiated an investigation or prosecution against an individual, the ICC may prosecute that individual for the same crimes or even a more selective range of crimes, so long as the state is willing to close the ongoing investigation or prosecution at the request of the ICC Prosecutor. While this decision is defensible under the language of the Rome …