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  • 标题:Big Fish, Small Ponds: International Crimes in National Courts
  • 本地全文:下载
  • 作者:Ludwin King, Elizabeth B
  • 期刊名称:Indiana Law Journal
  • 印刷版ISSN:0019-6665
  • 出版年度:2015
  • 卷号:90
  • 期号:2
  • 页码:9
  • 出版社:Maurer School of Law: Indiana University
  • 摘要:The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the ability to prosecute those most responsible for the atrocities within two years, it should be allowed time to do so. The capacity building that occurs during this time is vital to promoting and ensuring stability throughout the region and beyond, and it will allow the Court to focus its efforts and resources on those cases for which there is no other forum.
  • 关键词:International crimes; Domestic courts & international law; Atrocities; State courts; International Criminal Court; Genocide -- Lawsuits & claims; War crimes -- Lawsuits & claims; Crimes against humanity -- Lawsuits & claims
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