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5 - Admissibility

Published online by Cambridge University Press:  09 June 2020

William A. Schabas
Affiliation:
Middlesex University, London
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Summary

Even if the Court’s jurisdiction has been properly triggered and the Prosecutor has decided to conduct an investigation, a given case may be declared inadmissible in three circumstances: the State that normally exercises jurisdiction is actively investigating or prosecuting, the case is not of sufficient gravity, and the accused has already been tried for the offence (ne bis in idem). The first of these circumstances is described by the term ‘complementarity’. Its underpinning is the notion that States are primarily responsible for prosecution and the Court intervenes only when they are unwilling or unable to prosecute, or inactive. Although judges may determine that a case is not of ‘sufficient gravity’, in practice this criterion has been invoked mainly by the Prosecutor in order to justify decisions not to proceed with preliminary examination or investigation.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Admissibility
  • William A. Schabas, Middlesex University, London
  • Book: An Introduction to the International Criminal Court
  • Online publication: 09 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108616157.006
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Admissibility
  • William A. Schabas, Middlesex University, London
  • Book: An Introduction to the International Criminal Court
  • Online publication: 09 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108616157.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Admissibility
  • William A. Schabas, Middlesex University, London
  • Book: An Introduction to the International Criminal Court
  • Online publication: 09 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108616157.006
Available formats
×