Magister Legum - LLM / The Rome Statute established the International Criminal Court (ICC). It provides that the
Court is complementary to national jurisdictions. This entails that the primary jurisdiction over core crimes lies at the domestic level. However, in the absence of express provision for implementation, States have adopted different methods in the incorporating of the substantive and the procedural provisions of the Rome Statute. The German Code of Crimes against International Law and the South African Implementation of the Rome Statute Act considered under this study are indicative of the existing divergence. This paper argues that complementarity necessitates the divergence in approach. It further argues that the diversity is an issue of pluralism rather than fragmentation of international criminal law.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/3879 |
| Date | January 2013 |
| Creators | Silungwe, Fatuma Mninde |
| Contributors | Werle, Gerhard |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Rights | University of Western Cape |
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