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The Law and Practice of the International Criminal Court edited by Stahn, Carsten (1st May 2015)

Part VI Impact, ‘Legacy’, and Lessons Learned, 49 Completion, Legacy, and Complementarity at the ICC

Elizabeth Evenson, Alison Smith

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, 2015. All Rights Reserved.date: 27 February 2020

Subject(s):
Complementarity

This Chapter examines some of the key issues the Court and its States Parties will need to address to define the concept of completion for the ICC. While recognizing that completion has a number of unique features in the ICC context, this contribution identifies some of the lessons learned from strategies of other tribunals. It focuses on three key areas: capacity-building, outreach, and archive management. It argues that the consolidation of the Court’s legacy in situation countries is at the heart of a successful completion strategy, and suggests that the Court should draw a close connection between completion and positive complementarity. Capacity-building of national jurisdictions should be a pillar of completion strategies across the Court’s situations. The ICC will need to develop a working model for completion and establish methods (e.g. consultation with affected communities and national authorities) to adapt that model to a given situation.

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