This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
A Yankee Book Peddler UK Core Title for 2011 'This book asks pertinent questions about the ability of the ICC to have an impact on national investigations and prosecutions of core international crimes. Such national enforcement represents the new frontline of criminal justice for atrocities. The author reminds us of the limitations of the ICC in this regard.' Morten Bergsmo, Georgetown University, USA 'The concept of complementary jurisdiction not only lies at the heart of the Rome Statute, but in many respects it is also becoming central to the operation of international criminal justice. In this text, Jurdi manages to tackle a sensitive and complex subject and does so with considerable talent. This book is a welcome contribution to the field of international criminal law.' Mohamed M. El Zeidy, International Criminal Court, formerly at the Egyptian Ministry of Justice 'Professor Jurdi identifies, collates and assesses one of the quintessential interstices in International Law - the interplay between national and international criminal jurisdiction. He peels back the layers of detail found on and under the skin of this intriguing slice of the relationship between and distinctions among, the jurisdiction and jurisprudence of national and international tribunals.' ASIL Newsletter
Contents: Foreword; Introduction; History and legal background of the principal of complementarity; Complementarity in abstract; Possible de jure and de facto hurdles to complementarity; Complementarity and state referral: the North Uganda situation; Complementarity and Security Council referral: the Darfur situation; Conclusion; Bibliography; Index.