The International Criminal Court and the Principle of Substantive Complementary: Universal jurisdiction, the security council and the challenge to the duty to prosecute core

DSpace/Manakin Repository

Show simple item record

dc.contributor.author PINTO SOARES, Patrícia
dc.date.accessioned 2011-03-14T14:14:57Z
dc.date.available 2011-03-14T14:14:57Z
dc.date.issued 2011
dc.identifier.uri http://hdl.handle.net/1814/16062
dc.description Defense Date: 25/02/2011
dc.description Examining Board: Professor Francesco Francioni, EUI (Supervisor) Professor Martin Scheinin, EUI Professor José de Faria Costa, Law Faculty University of Coimbra Professor and Judge Mauro Politi, Law Faculty University of Trento
dc.description.abstract The thesis assesses whether States are required to investigate and prosecute the most serious crimes of international concern. To this effect, it analyses the regime determined under treaty law, customary law and general principles of law for the prosecution of core crimes. It examines whether the prohibition to commit core crimes embodies jus cogens and, if so, what consequences derive therefrom for the duty to prosecute perpetrators. Further, considering that the ICC was established in order to fill in lacunae of accountability derived from States’ unwillingness or inability to prosecute, the thesis scrutinizes the jurisdictional framework established by the Statute, in particular the principle of complementarity. On the basis of the study undertaken, it is argued that complementarity as determined in the Rome Statute is a specific materialization of a broader concept of complementarity. The thesis concludes that core crimes law has been motioned forth by the principle of substantive complementarity, which binds the custodial State to prosecute, where extradition is not feasible and international jurisdiction cannot step in, if necessary on grounds of universal jurisdiction. Finally, taking into account that the Statute of Rome articulates the mandate of the Court with the authority of the SC to maintain international peace and security, the thesis proposes a model of coordination of the competences of States, the ICC and the UN political organ, in accordance with the law of the Charter, the Rome Statute and peremptory norms of the international community. Against this backdrop, a systematic framework of the duty to prosecute core crimes is submitted, such that sovereignty and the principle mandating the fight against impunity are operatively reconciled.
dc.language.iso en
dc.relation.ispartofseries EUI PhD theses en
dc.relation.ispartofseries Department of Law en
dc.subject International criminal law
dc.title The International Criminal Court and the Principle of Substantive Complementary: Universal jurisdiction, the security council and the challenge to the duty to prosecute core en
dc.type Thesis en
eui.subscribe.skip true


Files in this item

Files Size Format View

There are no files associated with this item.

This item appears in the following Collection(s)

Show simple item record