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The Resource The Complementarity Regime of the International Criminal Court : National Implementation in Africa, by Ovo Catherine Imoedemhe, (electronic resource)

The Complementarity Regime of the International Criminal Court : National Implementation in Africa, by Ovo Catherine Imoedemhe, (electronic resource)

Creator
Summary
This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.--
Language
eng
Work
Publication
Extent
1 online resource (XVII, 229 pages)
Contents
  • The International Criminal Court as the new paradigm to close impunity gaps
  • The complimentarity regime of the Rome Statute: An analysis of its components
  • National implementation of the Rome Statute of the International Criminal Court: Obligations and challenges for states parties
  • Domestic prosecutions in Africa under the complementarity regime of the Rome Statute: A practical approach
  • Unpacking the tension between the African Union and the ICC: The way forward
  • Institutional preparedness for the complementarity regime: Nigeria as a case study
  • Mutual inclusivity: A sine qua non to national implementation of complementarity
Isbn
9783319467801
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.1007/978-3-319-46780-1
Instance
Label
The Complementarity Regime of the International Criminal Court : National Implementation in Africa
Title
The Complementarity Regime of the International Criminal Court
Title remainder
National Implementation in Africa
Statement of responsibility
by Ovo Catherine Imoedemhe
Creator
Subject
Language
eng
Summary
This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.--
Member of
Assigning source
Provided by publisher
http://library.link/vocab/creatorName
Imoedemhe, Ovo Catherine
Image bit depth
0
Literary form
non fiction
Nature of contents
dictionaries
Series statement
Springer eBooks
http://library.link/vocab/subjectName
  • Law
  • Africa
  • Private international law
  • Conflict of laws
  • International law
  • Comparative law
  • International criminal law
  • Law
  • International Criminal Law
  • Sources and Subjects of International Law, International Organizations
  • African Politics
  • Criminology and Criminal Justice, general
  • Private International Law, International & Foreign Law, Comparative Law
Label
The Complementarity Regime of the International Criminal Court : National Implementation in Africa, by Ovo Catherine Imoedemhe, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.1007/978-3-319-46780-1
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
The International Criminal Court as the new paradigm to close impunity gaps -- The complimentarity regime of the Rome Statute: An analysis of its components -- National implementation of the Rome Statute of the International Criminal Court: Obligations and challenges for states parties -- Domestic prosecutions in Africa under the complementarity regime of the Rome Statute: A practical approach -- Unpacking the tension between the African Union and the ICC: The way forward -- Institutional preparedness for the complementarity regime: Nigeria as a case study -- Mutual inclusivity: A sine qua non to national implementation of complementarity
Control code
978-3-319-46780-1
Dimensions
unknown
Extent
1 online resource (XVII, 229 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783319467801
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other control number
10.1007/978-3-319-46780-1
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)965167402
Label
The Complementarity Regime of the International Criminal Court : National Implementation in Africa, by Ovo Catherine Imoedemhe, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.1007/978-3-319-46780-1
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
The International Criminal Court as the new paradigm to close impunity gaps -- The complimentarity regime of the Rome Statute: An analysis of its components -- National implementation of the Rome Statute of the International Criminal Court: Obligations and challenges for states parties -- Domestic prosecutions in Africa under the complementarity regime of the Rome Statute: A practical approach -- Unpacking the tension between the African Union and the ICC: The way forward -- Institutional preparedness for the complementarity regime: Nigeria as a case study -- Mutual inclusivity: A sine qua non to national implementation of complementarity
Control code
978-3-319-46780-1
Dimensions
unknown
Extent
1 online resource (XVII, 229 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783319467801
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other control number
10.1007/978-3-319-46780-1
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)965167402

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