Critically assess the principle of complementarity in the development of the International Criminal Court’s Jurisdiction.

Critically assess the principle of complementarity in the development of the International Criminal Court’s Jurisdiction.

This paper will explain and comment upon the principle of complementarity under the Statute of the International Criminal Court. It will contrast the jurisdiction of

the ICC to universal jurisdiction and national jurisdiction over international crimes. The essay will in particular assess the arguments and decision over jurisdiction

in the Libya case (Al Senussi and Gaddafi) at the ICC. It will reflect on the problem of resolving conflicts over the interpretation of article 17 of the Statute. The

paper will take into account the view of Frederick Megret and Marika Giles Sampson, Luc Reydams and Carsten Stahn.

Indicative Reading:
Robert Cryer, Hakan Friman, Darryl Robinson, Elizabeth Wilmshurst, An Introduction to International Criminal Law and Procedure, (Cambridge: Cambridge University Press,

2010) chapters 3 and 4.
Luc Reydams, Universal Jurisdiction: International and Municipal Perspectives (Oxford: Oxford University Press, 2003).
Stephen Macedo, Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes under International Law (Philadelphia: University of Pennsylvania Press,

2006).
Carsten Stahn, Libya, the International Criminal Court and Complementarity: A test for ‘Shared Responsibility, Journal of International Criminal Justice, Vol. 10, No.

2 (2012), 325-349.
Frederic Megret and Marika Giles Samson, Holding the Line on Complementarity in Libya: The Case for Tolerating Flawed Domestic Trials, Journal of International

Criminal Justice, Vol. 11, Issue 3 (2013), 571-589.
Nabil Nidal Jurdi, The International Criminal Court and National Courts: A contentious relationship (Aldershot and Burlington: Ashgate, 2011).

it is a complex case and as is the first one on the application of article 17 it is alas very interesting. As you know article 17 deals with admissibility and

negotiates the relationship between international and national jurisdiction – in other words the parameters of complementarily. In the Libya case – I assume you are

writing about the proceedings that were published in May 2014 – the court has to decide on the claims of the Libyan authorities and that meant it had to satisfy itself

that of the scope of the article. The provision falls into three: (1) the identification of three situations in which a case would not be admissible; (2) the way that

the court assess the unwillingness of state to try a case and (3) an assessment of the capacity of the national legal system to act. What of course is important to

grasp is that it is the ICC which is making these determinations. In other words at the end of the day it is the ICC which sets the relationship between national and

international jurisdiction – which means that complementarity is in the hands of international jurisdiction. In the Gaddafi case the court is therefore assessing the

ability of the Libyan authorities to exercise jurisdiction by applying these provisions. It would be worthwhile comparing the judgment on Gaddafi with the part of the

judgment that deals with Sanussi as this helps us understand the way the court decides on the issues. The essay is therefore a close textual analysis of the judgment.

PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT 🙂

How to place an order?

Take a few steps to place an order on our site:

  • Fill out the form and state the deadline.
  • Calculate the price of your order and pay for it with your credit card.
  • When the order is placed, we select a suitable writer to complete it based on your requirements.
  • Stay in contact with the writer and discuss vital details of research.
  • Download a preview of the research paper. Satisfied with the outcome? Press “Approve.”

Feel secure when using our service

It's important for every customer to feel safe. Thus, at College Papers Help, we take care of your security.

Financial security You can safely pay for your order using secure payment systems.
Personal security Any personal information about our customers is private. No other person can get access to it.
Academic security To deliver no-plagiarism samples, we use a specially-designed software to check every finished paper.
Web security This website is protected from illegal breaks. We constantly update our privacy management.

Get assistance with placing your order. Clarify any questions about our services. Contact our support team. They are available 24\7.

Still thinking about where to hire experienced authors and how to boost your grades? Place your order on our website and get help with any paper you need. We’ll meet your expectations.

Order now Get a quote