This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory.
The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity.
The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity.
In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed.
In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This, represents an unequivocally original contribution by this study to knowledge and research.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Chapter 1: The Concept of Complementarity
- Complementarity and the Rome Statute
- Theoretical Constraints on the Principle of Complementarity
- Practical Challenges of Complementarity
- The Evolution of Positive Complementarity
- Chapter 2: Legal and Institutional Framework for Positive Complementarity
- Scholarly Arguments and Propositions
- Challenges and Limitations of Positive Complementarity
- The Need for a Coherent Legal and Institutional Framework
- Chapter 3: Domestic and International Policy Considerations
- International Level: Limitations of the ASP Secretariat
- Domestic Level: Implementing Legislation
- Chapter 4: Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This study aims to explore the legal and institutional framework of positive complementarity, focusing on how to effectively implement this concept within the context of the International Criminal Court (ICC). It argues that the current legal and institutional framework for combating impunity is inadequate.
- The evolution of the principle of complementarity within the Rome Statute
- The theoretical and practical challenges associated with implementing complementarity
- The development of the concept of positive complementarity and its potential to combat impunity
- The need for a coherent legal and institutional framework to support positive complementarity
- Policy considerations for implementing positive complementarity both domestically and internationally
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter 1 explores the concept of complementarity, particularly its evolution within the context of the Rome Statute. It examines the theoretical and practical challenges associated with complementarity, laying the foundation for understanding positive complementarity. Chapter 2 delves into the legal and institutional framework of positive complementarity, examining scholarly arguments, challenges, and limitations. It argues for the necessity of a coherent legal and institutional framework to support this concept. Chapter 3 examines policy considerations at both the domestic and international levels. On the international level, it identifies limitations within the Assembly of States Parties (ASP) Secretariat, suggesting the need for restructuring. Domestically, the chapter discusses aspects of implementing legislation.
Schlüsselwörter (Keywords)
The core keywords and topics of this study include complementarity, international criminal law, international criminal court, positive complementarity, impunity, institutional framework, and legal framework.
- Quote paper
- Dr. Milton Owuor (Author), 2017, The International Criminal Court and Positive Complementarity. Legal and Institutional Framework, Munich, GRIN Verlag, https://www.grin.com/document/430191
