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The Relationship Between the International Criminal Court and National Jurisdictions
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
After the Smoke Clears
While most studies of just war focus on the rationale for going to war and the conduct of the war, this important book examines the period after the conflict. What must be done to restore justice? In the words of the authors, “’Victory’ is declared by presidents and other leaders, yet all too often no just peace is to be found in the wake of today’s conflicts. . . . After the smoke clears, the powers that be may declare ‘mission accomplished’ when, as Ezekiel long ago said, there really is no peace.”
Complementarity in the Rome Statute and National Criminal Jurisdictions
An in-depth examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level.
Civilian Protection in Armed Conflict
Protecting civilians who have fallen into enemy hands or are just about to come under the adversary's control is a constant challenge in the application of international humanitarian law (IHL) and the law of armed conflict (LOAC). Despite many decades of scholarship, military operational practice, and advocacy, certain legal questions remain unresolved, while others have been insufficiently examined or are newly emerging due to technological, societal, and cultural developments. Civilian Protection in Armed Conflict explores a range of longstanding, current, and new legal and practical issues in the interpretation and application of IHL/LOAC related to civilian protection. The subjects selec...
Complementarity, Catalysts, Compliance
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
International Law in the Transition to Peace
This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporar...
The Position of the Defence at the International Criminal Court and the Role of the Netherlands as the Host State
During the ninth session of the Preparatory Commission for the Establishment of the International Criminal Court (PrepCom), 10 states deposited their ratification documents with great decorum, therefore ensuring that the Rome Statute would enter into forc
