Towards an Integrative Approach
Edited by Harmen Van der Wilt and Christophe Paulussen
Chapter 11: Safeguarding defendants’ rights in transnational and international cooperation
This chapter examines defendants’ rights in cooperation proceedings before the ICC. It locates the challenges faced by accused persons in the context of the unique structural system of the Court, with a particular focus on its complementary jurisdiction. By critically assessing the prosecution’s policy on complementarity and the Court’s case law on admissibility, the chapter shows how the organs of the Court have dealt with the tensions and limitations inherent in the ICC’s project. The chapter concludes that, so far, the Court has adopted a narrow interpretation of complementarity in order not to jeopardise states’ willingness to cooperate. On some occasions, however, this has been to the detriment of the rights of suspects and accused persons.
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