1. Domestic Prosecution of International Crimes
- Author:
- Cleo Meinicke
- Publication Date:
- 03-2019
- Content Type:
- Working Paper
- Institution:
- Public International Law Policy Group
- Abstract:
- In October 2018, the Bosnian state court indicted a former soldier of crimes against humanity for his involvement in the murder and enforced disappearance of civilians in the Kljuc area. In September of that year, a German court convicted Ibrahim Al F. for war crimes committed in Syria and in the same month a military tribunal in the Democratic Republic of the Congo found two military commanders guilty of crimes against humanity committed in the villages of Kamananga and Lumenje (South Kivu). These are just three recent examples of domestic efforts in the prosecution of those responsible for international crimes. Based on the complementarity principle of the International Criminal Court (ICC), where states are “unwilling or unable” to prosecute international crimes, the ICC may step in to prosecute those most responsible for the commission of the crimes under its jurisdiction, namely genocide, crimes against humanity, war crimes, and the crime of aggression. However, out of 28 cases before the Court since its inception in 2001 only three resulted in successful convictions. Several suspects were acquitted after lengthy proceedings, of which Gbagbo and Blé Goudé are the latest examples. Therefore, the ICC should be regarded as a last resort while domestic courts carry the main responsibility to prosecute those responsible for international crimes.
- Topic:
- Crime, International Law, Crimes Against Humanity, and International Criminal Court (ICC)
- Political Geography:
- Africa, Europe, Germany, Democratic Republic of Congo, and Bosnia and Hercegovina