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

2012

Jurisdiction

Florida International University College of Law

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Full-Text Articles in Law

International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh Jan 2012

International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh

Faculty Publications

A fundamental pillar of the Rome Statute of the International Criminal Court (ICC) is Article 17, which enshrines the complementarity principle – the idea that ICC jurisdiction will only be triggered when states fail to act to prosecute genocide, crimes against humanity and war crimes within their national courts or in circumstances where they prove unwilling and or unable to do so. The problem is that, as shown in this case report in the American Journal of International Law on the first ICC Appeals Chamber ruling regarding a state party’s objection to the court’s assertion of jurisdiction over its nationals, …