Publication details
The Human Rights Dimension of the ICC's Complementarity Regime
| Authors | |
|---|---|
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Czech yearbook of public & private international law |
| Citation | |
| Keywords | International Criminal Court, complementarity, human rights, Al-Senussi, European Court of Human Rights |
| Description | The article analyzes mutual relation between the principle of complementarity and human rights (fair trial rights) and contributes to the debate which addresses question whether a violation of human rights at the domestic level renders a case admissible before the International Criminal Court? After preliminary evaluation of complementarity, this article describes position of international legal scholars and assesses relevant case law of the International Criminal Court. The article analyzes the Al-Senussi admissibility judgment issued by the International Criminal Court's Appeals Chamber in July 2014 which indicated that certain ‘egregious violations of the rights’ of the suspect signify unwillingness under Article 17 of the Rome Statute and therefore make a case admissible before the International Criminal Court. The article proposes possible interpretation of this concept in the light of the European Court of Human Rights' jurisprudence, namely in the light of the term ‘flagrant denial of justice’. |