Peace and Justice at the International Criminal Court
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Peace and Justice at the International Criminal Court

A Court of Last Resort, Second Edition

Errol P. Mendes

This book focuses on how the International Criminal Court seeks accountability for the most serious crimes. Errol P. Mendes dives deep into the facts and rulings of the Court that involved some of the most serious conflicts in recent times to demonstrate that justice is critical for sustainable peace. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. The author goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and, war studies etc.
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Chapter 5: The International Criminal Court as a catalyst for sustainable peace and new national justice institutions

Errol P. Mendes

Abstract

This chapter focuses on the concept of “positive international complementarity” (PIC) as the way to reconcile peace with justice. The chapter discusses how this concept includes: (1) ICC investigations and prosecutions involving only those most responsible for the most serious of international crimes while acting as a catalyst for domestic investigations and proceedings; (2) preliminary examinations launched by the ICC prior to investigations sanctioned by the Court both having a catalytic impact on the level of ongoing violence and propelling peace; (3) exceptional situations in which either leaders or followers committing international crimes should face either fair domestic prosecutions if available or alternative justice mechanisms (AJMs) that meet the standards and moral foundations of international criminal justice; (4) where those committing the most serious crimes are discovered or seek refuge in neighbouring or other nations, there being a duty to either prosecute or extradite where prosecution is not feasible.

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