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Ch.III Jurisdiction and Admissibility (Complementarity)

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 September 2021

Pre-Trial Chamber — International criminal law, conduct of proceedings — Admissibility

This chapter looks at the jurisdiction and admissibility of international criminal proceedings. Given that the International Criminal Court (ICC) has international legal personality and is subject to international law, its jurisdiction is governed by the respective rules of international law, although it is not subject to the same limitations as that of a State. Thus the chapter explores the ‘genuine links’ between the person and the State, as well as the principles governing the freedoms and limits of the Court’s jurisdiction. The chapter then considers the question of a factual concurrence between the international and national jurisdictions, in which rules of priority have to be established along the following basic lines: either the international tribunal enjoys primacy, or it is subsidiary (complementary) to the respective national jurisdiction. In the second part the chapter looks into the admissibility and the concept of positive complementarity.

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