Thinking about the complementarity between the ICC and the CAJDHP
For a renewal of the relationship between two orders of regional and universal criminal jurisdiction
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The idea of the articulation of the relations between criminal jurisdictions has haunted reflections since the advent of an international dimension of criminal justice and, consequently, the emergence of international criminal jurisdictions. In the field of relations between national and international jurisdictional orders, the solution is that of complementarity between the two, materialized by the primacy of the national order over the international order in the repression of international offences. What about the relationship between the international and regional orders in this matter? The...
The idea of the articulation of the relations between criminal jurisdictions has haunted reflections since the advent of an international dimension of criminal justice and, consequently, the emergence of international criminal jurisdictions. In the field of relations between national and international jurisdictional orders, the solution is that of complementarity between the two, materialized by the primacy of the national order over the international order in the repression of international offences. What about the relationship between the international and regional orders in this matter? The question did not arise from the advent of the international dimension of criminal law, for the simple reason that the ability to repress the category of international offence by nature was the sole responsibility of the national order in complementarity with the international order. Since the advent in 2014 of a concurrent criminal jurisdiction to the ICC before the CAJDHP, the question hasbecome acute. This research examines the feasibility of complementarity between these two orders of jurisdiction by scrutinizing general legal theory and international criminal law.
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