King's College London

Research portal

Case Admissibility at the International Criminal Court

Research output: Contribution to journalArticlepeer-review

Original languageEnglish
Pages (from-to)305-317
Number of pages13
JournalThe Law & Practice of International Courts and Tribunals
Volume14
Issue number2
DOIs
Published2015

Documents

King's Authors

Abstract

The existing jurisprudence of the icc establishes a two-step test for determining challenges to the admissibility of a case under Article 17 of the Rome Statute, now further solidified by an Appeals Chamber judgment in Simone Gbagbo. Notably, this is an area of the jurisprudence that does not suffer from excessive fragmentation. The Court has consistently required “substantially the same conduct” for a finding of parity between its own case and the case under investigation or prosecution by domestic authorities. Different outcomes in Al-Senussi and Gaddafi are attributable to factual differences, leaving intact the fundamental approach of the Court to the “inability” and “unwillingness” aspects of complementarity. Although novel fact patterns may pose future challenges to the coherence of this approach, the core principles of case admissibility are now well established, increasing legal certainty for States and individuals who seek to challenge the admissibility of cases before the Court.

Download statistics

No data available

View graph of relations

© 2020 King's College London | Strand | London WC2R 2LS | England | United Kingdom | Tel +44 (0)20 7836 5454