The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’

Some authors have expressed the view that ‘the complementarity test under Article 17 of the ICC Statute applies where the investigation into a given country or conflict situation has yielded a case’. Nevertheless, Article 53(1)(b) of the ICC Statute and Rule 48 of the ICC Rules of Procedure and Evid...

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Autores Principales: Olásolo, Héctor, Carnero-Rojo, Enrique
Formato: Capítulo de libro (Book Chapter)
Lenguaje:Inglés (English)
Publicado: Cambridge University Press 2011
Materias:
Law
Acceso en línea:https://repository.urosario.edu.co/handle/10336/28487
https://doi.org/10.1017/CBO9781316134115.022
id ir-10336-28487
recordtype dspace
spelling ir-10336-284872020-08-28T15:50:25Z The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’ La aplicación del principio de complementariedad a la decisión de dónde abrir una investigación: la admisibilidad de "situaciones" Olásolo, Héctor Carnero-Rojo, Enrique Public international law Law Criminal law Some authors have expressed the view that ‘the complementarity test under Article 17 of the ICC Statute applies where the investigation into a given country or conflict situation has yielded a case’. Nevertheless, Article 53(1)(b) of the ICC Statute and Rule 48 of the ICC Rules of Procedure and Evidence appear to request the application of the complementarity test at a much earlier stage of the proceedings. As a result, the question arises as to what is the object of such an admissibility assessment, considering the early stage of the proceedings at which it must be carried out, as well as the fact that a case only arises at a significantly subsequent stage of the proceedings. This chapter intends to shed some light on this issue. It first analyses how the ICC Pre-trial, Trial and Appeals Chambers have interpreted so far the distinction between the notions of ‘situation’ and ‘case’ provided for in the ICC Statute. It then turns its attention to the notion of ‘admissibility of situations’ (as opposed to ‘admissibility of cases’). It analyses its content, relevance and, most importantly, whether there is any room for such a notion under the current statutory scheme, as interpreted in the ICC case law so far. Finally, the last section of the chapter advances some guiding criteria for the performance of admissibility assessments of situations. 2011 2020-08-28T15:49:13Z info:eu-repo/semantics/bookPart info:eu-repo/semantics/publishedVersion EISBN: 9781316134115 https://repository.urosario.edu.co/handle/10336/28487 https://doi.org/10.1017/CBO9781316134115.022 eng info:eu-repo/semantics/restrictedAccess application/pdf Cambridge University Press The International Criminal Court and Complementarity: From Theory to Practice
institution EdocUR - Universidad del Rosario
collection DSpace
language Inglés (English)
topic Public international law
Law
Criminal law
spellingShingle Public international law
Law
Criminal law
Olásolo, Héctor
Carnero-Rojo, Enrique
The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
description Some authors have expressed the view that ‘the complementarity test under Article 17 of the ICC Statute applies where the investigation into a given country or conflict situation has yielded a case’. Nevertheless, Article 53(1)(b) of the ICC Statute and Rule 48 of the ICC Rules of Procedure and Evidence appear to request the application of the complementarity test at a much earlier stage of the proceedings. As a result, the question arises as to what is the object of such an admissibility assessment, considering the early stage of the proceedings at which it must be carried out, as well as the fact that a case only arises at a significantly subsequent stage of the proceedings. This chapter intends to shed some light on this issue. It first analyses how the ICC Pre-trial, Trial and Appeals Chambers have interpreted so far the distinction between the notions of ‘situation’ and ‘case’ provided for in the ICC Statute. It then turns its attention to the notion of ‘admissibility of situations’ (as opposed to ‘admissibility of cases’). It analyses its content, relevance and, most importantly, whether there is any room for such a notion under the current statutory scheme, as interpreted in the ICC case law so far. Finally, the last section of the chapter advances some guiding criteria for the performance of admissibility assessments of situations.
format Capítulo de libro (Book Chapter)
author Olásolo, Héctor
Carnero-Rojo, Enrique
author_facet Olásolo, Héctor
Carnero-Rojo, Enrique
author_sort Olásolo, Héctor
title The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
title_short The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
title_full The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
title_fullStr The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
title_full_unstemmed The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
title_sort application of the principle of complementarity to the decision of where to open an investigation: the admissibility of ‘situations’
publisher Cambridge University Press
publishDate 2011
url https://repository.urosario.edu.co/handle/10336/28487
https://doi.org/10.1017/CBO9781316134115.022
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