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Volume II, s.10 Final Analysis and Suggestions, 50 The ICC and the Interaction of International and National Legal Systems

Mireille Delmas-Marty

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

‘Complementarity is central to the whole idea of the ICC’1 … which does not mean that there is agreement on the exact meaning of this term. By introducing the principle of complementarity in its Preamble, then repeating it in Article 1, the Rome Statute seems, above all, determined to preserve the jurisdiction of national criminal courts and limit that of the International Criminal Court (the ‘ICC’). Article 17(1)(a) confirms that a case having been investigated or prosecuted by a State must be determined to be inadmissible unless the decision resulted from the...
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