Chapter

Beyond Hierarchy

Diane Bernard

in Deference in International Courts and Tribunals

Published in print October 2014 | ISBN: 9780198716945
Published online November 2014 | e-ISBN: 9780191785627 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198716945.003.0020
Beyond Hierarchy

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Chapter 20 focuses on the complementarity of the International Criminal Court (ICC), interpreted in terms of ‘deference’ (as reflected in applicable standard of review) and/or demands on States regarding their reaction to mass atrocities. Through a discussion of various aspects of complementarity, the chapter shows how the concept is read through the prism of ending impunity, sometimes to the detriment of alternative responses to mass atrocities. Yet, the chapter argues, this does not result in a hierarchical structure which subdues States to the power of the ICC. Rather, complementarity spurs pluralism, with States and the ICC commonly engaged in the project of ending impunity.

Keywords: International Criminal Court; ICC; international crimes; standards of review; complementarity; fair trial; judgment; punishment

Chapter.  7777 words. 

Subjects: Public International Law ; Comparative Law

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