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Military, War, and Peace Commons

Open Access. Powered by Scholars. Published by Universities.®

Brooklyn Journal of International Law

International Criminal Court; ICC; International Criminal Tribunal for the Former Yugoslavia; ICTY; International Tribunal for Rwanda; ICTR; International Criminal Law; Ad Hoc International Criminal Tribunals; Rome Statute; African Union; AU; Sudan; Kenya; Vienna Convention; International Court of Justice; ICJ; Special Court for Sierra Leone; Extraordinary Chambers in the Courts of Cambodia; Iraqi High Tribunal; War Crimes Chamber of Courts of Bosnia and Herzegovina; Special Tribunal for Lebanon; Primacy; U.N. Security Council; U.N. Charter; ICC Appeals Chamber; Admissability; Unavailability; Sufficient Gravity; Crimes Against Humanity; War Crimes; Genocide; Security Council Resolutions; International Law; African Charter on Human and Peoples Rights; United Kingdom; UK; Africa; Criminal Law; Al-Bashir; Darfur; African Criminal Court

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Full-Text Articles in Military, War, and Peace

Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo Jun 2018

Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo

Brooklyn Journal of International Law

The complementarity principle of the Rome Statute of the International Criminal Court (ICC) is an international legal principle that governs the relationship between two; sometimes; contrasting international principles of law; namely sovereign equality of States and the international community’s duty to end impunity for international core crimes. Article 17 of the Rome Statute envisages that States maintain primary jurisdiction to investigate and prosecute international crimes; while the ICC’s jurisdiction to prosecute when States are unwilling or genuinely unable to carry out such investigations or prosecutions constitutes the exception. This article provides an analysis of this principle in the context of …