Stefano Saluzzo

The International Criminal Court and Complementarity: The "Gbagbo" Case

  • Abstract

Informations and abstract

Keywords: International Criminal Court; Admissibility; Complementarity; Inactivity; Unwillingness; Same Conduct Test

The article examines the recent decision of the PTC-I on the admissibility challenge filed by Laurent Gbagbo's defence on 15th February 2013. The challenge was based on the existence of ongoing national proceedings for "economic crimes" against Gbagbo, but the Court observed that there was a substantial inactivity by the Ivorian national authorities and declared the case admissible. The article argues that the Court had missed the opportunity to clarify some of the uncertainties relating to the requirements for the admissibility of a case. In particular, it has failed to address the issue of the application of the "same conduct test" and has, once again, used the argument of inactivity as a ground for admissibility.

Trova nel catalogo di Worldcat

Article first page

Article first page