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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.17 Issues of admissibility/Questions relatives à la recevabilité

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 June 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 17 of the Rome Statute of the International Criminal Court. Article 17 sets out the mechanism for ensuring that the Court is indeed complementary to national justice systems. It was carefully negotiated to ensure that States Parties would enjoy a level of confidence that their sovereign right to try crimes committed on their territory would not be encroached upon by the Court. Article 17 imposes three tests for admissibility: ‘complementarity’, double jeopardy (ne bis in idem), and gravity. The Court may not proceed with a case when the concerned States are investigating or prosecuting in good faith.

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