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- Alison: The ICC’s Afghanistan Decision: An Unlikely Blueprint for an Investigation Completion Strategy? I. Introduction In December 2014, many international legal commentators declared that Fatou Bensouda, the Chief Prosecutor of the International Criminal Court (ICC) had admitted defeat1 when she announced to the United Nations Security Council (UNSC) that she was “left with no choice but to hibernate... (more)
- glazera2020: Continuing Victim Protection Should be an Integral Part of a Comprehensive ICC Completion Strategy I. Introduction The Rome Statute’s failure to set forth conditions that the ICC must follow when suspending an investigation is a significant hinderance in the international tribunal’s attempt to strengthen the rule of law and enforce lasting respect for... (more)
- danielalboriie: The Tiers of ICC Referrals and Strengths of a Unified Referral I. Introduction The International Criminal Court obtains referrals from three different entities, but they do vary in degree and scope from the grantor of originating authority. This comment will propose that a balancing factor test shall be deployed and fulfilled in order for a conclusion of an investigation to be warranted. There should be, however, a... (more)
- Abhishek: Completion Strategy: Is the Referral Process Effective? I. Introduction One of the major issues which has been faced by almost all the international tribunals, including the International Criminal Tribunal for former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), has been the question of when to stop an investigation. The nature of the crimes under the preview of international tribunals is such that they... (more)
- Xuchen Zhang: Transferring Cases to National Courts: Lessons from the ICTY and the ICTR I. Introduction In deciding when and how to extract from a situation, the ICC may consider transferring its cases and materials to national courts as part of the ICC’s completion strategy.1 The question, then, is what factors should play into the ICC’s case... (more)
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