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Complementarity in the Rome Statute and National Criminal Jurisdictions$
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Jann K. Kleffner

Print publication date: 2008

Print ISBN-13: 9780199238453

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199238453.001.0001

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The Procedural Setting of Complementarity

The Procedural Setting of Complementarity

(p.163) V The Procedural Setting of Complementarity
Complementarity in the Rome Statute and National Criminal Jurisdictions

Jann K. Kleffner

Oxford University Press

This chapter first addresses the procedural stages at which admissibility may arise. These procedures provide a framework for interaction between States and the Prosecutor, which is moderated by and conducted before the Chambers of the ICC. The Prosecutor is also endowed with some supervisory functions with regard to national proceedings. A number of related procedural questions are then examined: how to prove admissibility; how complementarity operates within the context of referrals by States of situations which occur on their own territory; and the connection between complementarity and the regime for the cooperation of States with the ICC. The overall procedural setting contemplates a fair degree of antagonism between States and the ICC, with States being eager to exercise jurisdiction and to forestall the ICC from assuming jurisdiction. The procedural framework provides only very limited room to differentiate between States with different intentions and prospects for an effective investigation.

Keywords:   procedural phases, initiation, investigation, preliminary rulings, admissibility, complementarity, proving admissibility, auto-referrals, state cooperation

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