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Part IV The ICC and its Applicable Law, 33 Cumulative Charges and Cumulative Convictions

Carl-Friedrich Stuckenberg

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 March 2023

Cumulative charges — Cumulative convictions — Crimes against humanity

In ICCs and tribunals, defendants are typically accused or convicted of the commission of multiple crimes based on the same conduct. Fifteen years after the first decisions of the ad hoc Tribunals on the admissibility of cumulative charges and cumulative convictions, a robust, albeit primitive, set of judge-made rules has emerged, but many questions remain open. This becomes apparent upon closer analysis, which allows the classification of all conceivable situations of concursus delictorum according to a simple theoretical matrix. This chapter argues that there are more issues in this area of the law to be addressed beyond ‘speciality’ to which the firmly established Čelebići test solely refers. Legal principles should be carefully revised and developed by the ICC.

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