Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

"The International Criminal Court as a catalyst for sustainable peace and new national justice institutions" [2019] ELECD 1018; in Mendes, P. Errol (ed), "Peace and Justice at the International Criminal Court" (Edward Elgar Publishing, 2019) 170

Book Title: Peace and Justice at the International Criminal Court

Editor(s): Mendes, P. Errol

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: The International Criminal Court as a catalyst for sustainable peace and new national justice institutions

Number of pages: 25

Abstract/Description:

This chapter focuses on the concept of “positive international complementarity” (PIC) as the way to reconcile peace with justice. The chapter discusses how this concept includes: (1) ICC investigations and prosecutions involving only those most responsible for the most serious of international crimes while acting as a catalyst for domestic investigations and proceedings; (2) preliminary examinations launched by the ICC prior to investigations sanctioned by the Court both having a catalytic impact on the level of ongoing violence and propelling peace; (3) exceptional situations in which either leaders or followers committing international crimes should face either fair domestic prosecutions if available or alternative justice mechanisms (AJMs) that meet the standards and moral foundations of international criminal justice; (4) where those committing the most serious crimes are discovered or seek refuge in neighbouring or other nations, there being a duty to either prosecute or extradite where prosecution is not feasible.