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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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(p.341) VIII Conclusions
Complementarity in the Rome Statute and National Criminal Jurisdictions

Jann K. Kleffner

Oxford University Press

This chapter offers some conclusions. As to the question of the aptitude of complementarity to supply the deficiencies of domestic suppression of ICC crimes, the criteria for admissibility in the Statute will often enable the ICC to fill the void left by ineffective national criminal jurisdictions. In contrast, the procedural setting will not always be well-suited. More significantly still is to acknowledge the constraints, which make it impossible that all situations and cases, in which States prove ineffective, will in actual practice be addressed by the Court. Turning to the question of the impact of complementarity on national suppression, complementarity imposes a uniform obligation to investigate and prosecute, and increases the normativity of that obligation. Whether that increased normativity ultimately leads to actual national investigations and prosecutions will depend upon the underlying attitude of the State concerned. Equally significant will be whether the broader ICC community develops effective strategies to support domestic efforts to end impunity.

Keywords:   complementarity, domestic suppression, ICC crimes, national criminal jurisdictions, national suppression, normativity

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