Legal Responses to Transnational and International Crimes
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Legal Responses to Transnational and International Crimes

Towards an Integrative Approach

Edited by Harmen Van der Wilt and Christophe Paulussen

This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
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Chapter 11: Safeguarding defendants’ rights in transnational and international cooperation

Maria Laura Ferioli


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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