The International Criminal Court and Complementarity 2 Volume Set : From Theory to Practice (Hardcover)

Volume 1: Introduction: bridge over troubled waters? Complementarity themes and debates in context; Part I. General Reflections: 1. A positive approach to complementarity: the impact of the Office of the Prosecutor; 2. Justice and prevention; 3. Proactive complementarity: a registrar's perspective and plans; Part II. Origin and Genesis of Complementarity: 4. The genesis of complementarity; 5. Reflections on complementarity at the Rome Conference and beyond; 6. The rise and fall of complementarity; Part III. Analytical Dimensions of Complementarity: 7. Complementarity as global governance; 8. Policy through complementarity: the atrocity trial as justice; 9. Taking complementarity seriously: on the sense and sensibility of 'classical', 'positive' and 'negative' complementarity; 10. International criminal justice in the era of failed states: the ICC and the self-referral debate; 11. The quest for constructive complementarity; 12. Reframing positive complementarity: reflections on the first decade and insights from the US federal criminal justice system; 13. Too much of a good thing? Implementation and the uses of complementarity; Part IV. Interpretation and Application: 14. The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of 'situations'; 15. Situations and case: defining the parameters; 16. The inaction controversy: neglected words and new opportunities; 17. Admissibility procedure; 18. The evolution of the ICC jurisprudence on admissibility; 19. Interpretative gravity under the ICC statute: identifying common gravity criteria; 20. Complementarity and burden allocation. Volume 2: 21. States' obligations to investigate and prosecute perpetrators of international crimes: the perspective of the European Court of Human Rights; 22. The law and policy of complementarity in relation to 'criminal proceedings' carried out by non-state organized armed groups; 23. Complementarity and the crime of aggression; 24. Complementarity and alternative forms of justice: a new test for ICC admissibility; 25. Complementarity and 'reverse cooperation'; 26. In the hands of the state: implementing legislation and complementarity; Part V. Complementarity in Perspective: 27. Horizontal complementarity; 28. The International Criminal Tribunal for the Former Yugoslavia ('ICTY') and the transfer of cases and materials to national judicial authorities: lessons in complementarity; 29. Positive complementarity in practice: ICTY rule 11bis and the use of the tribunal's evidence in the Srebrenica trials before the Bosnian War Crimes Chamber; 30. Complementarity of procedures: how to avoid reinventing the wheel; Part VI. Complementarity in Practice: 31. Making complementarity work: maximising the limited role of the prosecutor; 32. Positive complementarity in action; 33. Complementarity and the construction of national ability; 34. The Colombian Peace Process (Law 975 of 2005) and the ICC's principle of complementarity; 35. Darfur: complementarity as the drafters intended?; 36. Complementarity in Uganda: domestic diversity or international imposition?; 37. Courts, conflict and complementarity in Uganda; 38. Chasing cases: the ICC and the politics of state referral in the Democratic Republic of Congo and Uganda; 39. A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of Congo; 40. Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya.