Law Commons^™

Par In Parem Imperium Non Habet, Beth Van Schaack

Faculty Publications

The principle of complementarity undergirds the International Criminal Court’s admissibility regime. And yet, in the negotiations leading up to the 2010 Review Conference in Kampala, Uganda, delegates did not fully focus on the potential for the addition of the crime of aggression to destabilize the Court’s complementarity regime. The only guidance from the ASP came in the form of two interpretive Understandings that express a subtle preference that States Parties not incorporate the crime into their domestic codes. If States Parties heed this call - which they should - the Court will inevitably be faced with situations in which there …