June 16, 2006

More ICC

Posted in criminal law, international law, war crimes at 2:53 am by thelawthoughts

It seems also that the ICC is moving on Darfur.

I'm not a big fan of the complementarity principle, which basically says that if a national government is prosecuting or in the process of investigating war crimes, the ICC can't act.

I have always seen this as the most obvious way a country can block the jurisdiction of the court, by setting up courts to try people domestically which have no real power, or are corrupt, or hand out lenient sentences.

This is especially dangerous where a government is accused of war crimes, as it of course most often is. The leaders of Sudan simply have to 'try' each other to effectively prevent the ICC from acting.

Seems silly to me. 

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