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Full-Text Articles in Criminal Law
Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum
Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum
Vanderbilt Journal of Transnational Law
The International Criminal Court (ICC) operates under a regime of complementarity: a domestic state prosecution of a defendant charged before the ICC bars the Court from hearing the case unless the state is unable or unwilling to prosecute the accused. For years, scholars have debated the role of due process considerations in complementarity. Can a state that has failed to provide the accused with adequate due process protections nonetheless bar a parallel ICC prosecution? One popular view, first expressed by Professor Kevin Jon Heller, holds that due process considerations do not factor into complementarity and the ICC could be forced …