The International Criminal Court and National Courts: A Contentious Relationship

This book analyzes the practice of the ICC in relation to national court systems. The study illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. The complementarity principle is analyzed practically through the selection of two case studies. The first, the Ugandan referral, allows analysis of the complementarity principle in a state referral scenario. In this regard, the ICC's experience with the DRC referral is also taken into consideration, this comparison thus enriching the discussion of the state referral system. The second situation covered is the Security Council's Darfur referral. This permits observation of the application of the complementarity principle under a Security Council referral. Similarly, the cooperation of Sudan, under Security Council resolution 1593, is also analyzed to explore if the Sudanese system has been encouraged to reform its judiciary and prosecute crimes that fall under the jurisdiction of the ICC. This volume brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.