Positive Complementarity Revisted. An Analysis - Owuor, Milton
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Academic Paper from the year 2018 in the subject Law - Miscellaneous, University of Pretoria, course: International criminal law, language: English, abstract: The Current Decentralized Accountability question entails a consideration of the following important principles and issues: positive complementarity, complementarity, universal jurisdiction, and the role of regional and international organization in international criminal justice as partners with the International Criminal Court (ICC). In this comment, the focus lies on providing a foundational analysis on the policy of positive…mehr

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Produktbeschreibung
Academic Paper from the year 2018 in the subject Law - Miscellaneous, University of Pretoria, course: International criminal law, language: English, abstract: The Current Decentralized Accountability question entails a consideration of the following important principles and issues: positive complementarity, complementarity, universal jurisdiction, and the role of regional and international organization in international criminal justice as partners with the International Criminal Court (ICC). In this comment, the focus lies on providing a foundational analysis on the policy of positive complementarity so as to intensely inform further discourse. It is the argument of this contribution that the Cooperation Agreement signed between the Office of the Prosecutor of the International Criminal Court (ICC) and the Government of Colombia, on 28 October 2021, has invariably provoked unabating scholarly discourse, which has engendered a renewed impetus to revisit the definition, nature and scope of the concept of positive complementarity. Inimical to this discourse is the glaring dearth of available literature of the law on positive complementarity, accentuated by the virtually absence of pertinent authoritative jurisprudence of the ICC on the concept. In light of the preceding impediments, this paper seeks, in an overarching approach, to revisit the debate on the nature of the concept of positive complementarity. It re-explores the opportunities presented, the benefits generated, and the challenges posed by the development and implementation of the concept of positive complementarity in the realm of international criminal justice.
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Autorenporträt
Prof Dr. Milton Owuor, holds a doctorate in international criminal law. He is Member of International Law Association. He is the Founder Director of ICR Justice Center; Chair of the Expert Professorial Discourse Panel (ICR Justice Center at https://www.icrjustice.org/index.php/about-us/). He also lecturers in international law, international criminal law, constitutional law, administrative Justice and international human rights law He was ¿called to the Bar¿ to practice as an Advocate in 1995. He won the prestigious HHM Merit Prize for being the Best Law Student -academic year 1989/90. He has published widely within the realm of legal academia. His doctoral research entitled ¿The International Criminal Court and Positive Complementarity: Legal and institutional framework¿ makes far reaching recommendations for the restructuring and reform of the secretariat of the Assembly of States Parties of the International Criminal Court.