Browsing by Subject "Rome Statute"

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    Going national: universal jurisdiction and the principle of complementarity in the Rome Statute of the International Criminal Court
    (2010) Rolffs, Lina; Nakhjavani, Salim A
    In a historical moment, after a couple of decades of development from Nuremberg to the ad hoc tribunals for the former Yugoslavia and Rwanda, the permanent International Criminal Court (ICC) set to work in The Hague in 2002, to fight impunity for the most atrocious crimes against international law, having an impact on the international community as a whole.1 This has been welcomed with high expectations from the civil society.2 However, negotiations on an international multilateral level require compromise, and compared to the ideal of a Court with unlimited resources and jurisdiction, the final form of the ICC does not seem to be able to live up to the expectations. The budget of this international institution is very limited, and could and should only cover the costs of proceedings for the very masterminds of crimes,3 which are in turn all too often only possible because of the participation of so many individual criminals.
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    The principle of complimentarity through the Roma Satute: a critical analysis of its content, implementation and application. Case study of the DRC
    (2021) Kahimba, Kambale Dérick; Woolaver, Hannah
    The analysis of the principle of the complementarity formula set out in the Rome Statute is at the heart of this dissertation. The research aims to critically reflect on the complementarity regime under the Rome Statute in relation to international crimes committed in the DRC since the incorporation of the Rome Statute into the Congolese legal system. This research argues that the implementation of the principle of complementarity poses difficulties of application, implementation, and interpretation and thus remains a less effective means of putting an end to international crimes. The findings of this research indicate an urgent need for the principle of complementarity being rethought by clarifying its content and scope. Victims of international crimes cannot to date rely on its implementation to obtain justice. This research adopts an essentially conceptual approach; moreover, the methodological approach adopted is that of qualitative research. This research calls for the principle of complementarity being rethought by clarifying its content and scope.