Admissibility

Question 1

What principle is applied in the ICC in relation to the primacy of the court?

Answer 1

Principle of Complementarity

Question 2

What is the principle of complementarity?

Answer 2

Found in Article 1 - The ICC is complementary to national courts.

Question 3

Where is the principle of complementarity found in ICC Statute?

Answer 3

Article 1 and Article 17

Question 4

What is the test for principle of complementarity?

Answer 4

Article 17

Two-step test:
(1) Investigation or prosecution at national level

(2) Whether the State is unwilling or unable.

Remember sufficient gravity step too.

Question 5

Additional sufficient gravity step

Answer 5

Article 17(1)(d) and Article 53(1)(c)

Question 6

What to take into account in the sufficient gravity step?

Answer 6

ICCOTP produced a policy paper which says to take into account 4 things:

(1) Scale of crime
(2) Nature of crime
(3) Manner of their commission
(4) Impact of the crime

Question 7

Interests of Justice

Answer 7

Article 53(1-2)(c)